5a13be122b
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
124 lines
9.4 KiB
Markdown
124 lines
9.4 KiB
Markdown
---
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type: "Bill"
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title: "Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer."
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description: "Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2024"
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identifier: "SB 394"
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citation: "Virginia SB 394 (2024)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Russet Perry"]
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version_count: 5
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action_count: 51
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vote_count: 13
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first_action: "2024-01-09"
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last_action: "2024-04-05"
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source: "openstates"
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source_identifier: "ocd-bill/0f4e177f-166c-42f4-a809-2bb83afbb025"
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source_url: "https://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB394"
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source_hash: "a3bccea46d52a446c0eb720afd3f214759c4b6c21a74c8e01fbb8e506e869cd6"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-va"]
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---
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# Virginia SB 394 (2024) — Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer.
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Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **CHAP0592** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0592)
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2. **Committee substitute printed 24106165D-S1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394S1)
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3. **Committee substitute printed 24108136D-H1** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394H1)
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4. **Prefiled and ordered printed; offered 01/10/24 24104794D** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394)
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5. **SB394ER** (committee substitute) — [source](https://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394ER)
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## Votes
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- Reported from Courts of Justice with substitute (21-Y 0-N) — **21–0** (pass) · lower
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- Constitutional reading dispensed (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Finance and Appropriations (15-Y 0-N) — **15–0** (pass) · upper
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- Referred from Public Safety — **0–0** (fail) · lower
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- Subcommittee recommends reporting with substitute (8-Y 0-N) — **8–0** (pass) · lower
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- VOTE: Block Vote Passage (97-Y 0-N) — **96–0** (pass) · lower
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- Reported from Courts of Justice with substitute (15-Y 0-N) — **15–0** (pass) · upper
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- Constitutional reading dispensed (40-Y 0-N) — **40–0** (pass) · upper
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- Passed Senate (40-Y 0-N) — **40–0** (pass) · upper
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- House substitute agreed to by Senate (40-Y 0-N) — **40–0** (pass) · upper
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- House substitute agreed to by Senate (29-Y 11-N) — **29–11** (pass) · upper
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- Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Appropriations (22-Y 0-N) — **22–0** (pass) · lower
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## Sponsors
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- Russet Perry — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2024-01-09** Prefiled and ordered printed; offered 01/10/24 24104794D `filing, introduction`
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- **2024-01-09** Referred to Committee for Courts of Justice `referral-committee`
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- **2024-01-11** Impact statement from VCSC (SB394)
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- **2024-01-31** Senate committee, floor amendments and substitutes offered
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- **2024-01-31** Reported from Courts of Justice with substitute (15-Y 0-N) `committee-passage`
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- **2024-01-31** Committee substitute printed 24106165D-S1 `substitution`
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- **2024-01-31** Rereferred to Finance and Appropriations `referral-committee`
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- **2024-02-02** Impact statement from VCSC (SB394S1)
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- **2024-02-05** Impact statement from DPB (SB394S1)
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- **2024-02-07** Reported from Finance and Appropriations (15-Y 0-N) `committee-passage`
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- **2024-02-08** Constitutional reading dispensed (40-Y 0-N)
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- **2024-02-09** Read second time `reading-2`
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- **2024-02-09** Reading of substitute waived
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- **2024-02-09** Committee substitute agreed to 24106165D-S1 `substitution`
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- **2024-02-09** Engrossed by Senate - committee substitute SB394S1 `substitution`
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- **2024-02-09** Constitutional reading dispensed (40-Y 0-N)
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- **2024-02-09** Passed Senate (40-Y 0-N) `passage`
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- **2024-02-15** Placed on Calendar
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- **2024-02-15** Read first time `reading-1`
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- **2024-02-15** Referred to Committee on Public Safety `referral-committee`
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- **2024-02-16** Referred from Public Safety `referral-committee`
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- **2024-02-16** Referred to Committee for Courts of Justice `referral-committee`
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- **2024-02-20** Assigned Courts sub: Criminal `referral-committee`
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- **2024-02-21** Subcommittee recommends reporting with substitute (8-Y 0-N) `substitution`
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- **2024-02-21** Subcommittee recommends referring to Committee on Appropriations `referral-committee`
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- **2024-02-23** Reported from Courts of Justice with substitute (21-Y 0-N) `committee-passage`
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- **2024-02-23** Committee substitute printed 24108136D-H1 `substitution`
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- **2024-02-23** Referred to Committee on Appropriations `referral-committee`
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- **2024-02-26** Impact statement from VCSC (SB394H1)
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- **2024-02-26** Impact statement from DPB (SB394H1)
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- **2024-02-28** Reported from Appropriations (22-Y 0-N) `committee-passage`
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- **2024-03-01** Read second time `reading-2`
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- **2024-03-04** Read third time `reading-3`
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- **2024-03-04** Committee substitute agreed to 24108136D-H1 `substitution`
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- **2024-03-04** Engrossed by House - committee substitute SB394H1 `substitution`
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- **2024-03-04** Passed House with substitute BLOCK VOTE (97-Y 0-N) `passage`
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- **2024-03-04** VOTE: Block Vote Passage (97-Y 0-N) `passage`
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- **2024-03-05** Passed by temporarily
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- **2024-03-05** House substitute agreed to by Senate (29-Y 11-N) `substitution`
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- **2024-03-05** Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
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- **2024-03-05** House substitute agreed to by Senate (40-Y 0-N) `substitution`
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- **2024-03-05** Title replaced 24108136D-H1
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- **2024-03-08** Enrolled `enrolled`
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- **2024-03-08** Bill text as passed Senate and House (SB394ER) `passage`
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- **2024-03-08** Impact statement from DPB (SB394ER)
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- **2024-03-08** Signed by Speaker `passage`
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- **2024-03-09** Signed by President `passage`
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- **2024-03-11** Enrolled Bill Communicated to Governor on March 11, 2024 `enrolled`
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- **2024-03-11** Governor's Action Deadline 11:59 p.m., April 8, 2024 `executive-receipt`
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- **2024-04-05** Approved by Governor-Chapter 592 (effective 7/1/24) `executive-signature`
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- **2024-04-05** Acts of Assembly Chapter text (CHAP0592)
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/0f4e177f-166c-42f4-a809-2bb83afbb025`. Confidence: reported (aggregated from official Virginia legislature records).
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