Fabio
112 lines
8.7 KiB
Markdown
112 lines
8.7 KiB
Markdown
---
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type: "Bill"
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title: "Child victims and witnesses; using two-way closed-circuit television."
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description: "Child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology; standard. Allows the court to order that the testimony of a child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant's presence and not in the courtroom generally where such trauma would impair the child's ability to communicate.Under current law, the court may order such testimony be taken by two-way closed-circuit television if it finds that (i) the child has a substantial inability to communicate about the offense or (ii) there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.The bill also extends the application window for the party seeking such order from seven to 14 days before the trial date or such other preliminary proceeding to which such order is to apply."
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jurisdiction: "us/states/va"
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legislature: "Virginia General Assembly"
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session: "2025"
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identifier: "HB 1728"
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citation: "Virginia HB 1728 (2025)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Karrie K. Delaney"]
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version_count: 7
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action_count: 40
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vote_count: 10
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first_action: "2025-01-04"
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last_action: "2025-03-21"
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source: "openstates"
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source_identifier: "ocd-bill/65a7ad99-d061-4aa9-8807-3660d6e8e0b8"
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source_url: "https://lis.virginia.gov/bill-details/20251/HB1728"
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source_hash: "53b9029786cfadc5a76af8612cf5bb8dc13b9c1f37446ca870f9997ed0df09fe"
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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 HB 1728 (2025) — Child victims and witnesses; using two-way closed-circuit television.
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Child victims and witnesses using two-way closed-circuit television or other securely encrypted two-way audio and video technology; standard. Allows the court to order that the testimony of a child be taken by two-way closed-circuit television or other securely encrypted two-way audio and video technology if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by clear and convincing evidence, based upon expert opinion testimony, that the child will suffer at least moderate emotional trauma that is more than nervousness or excitement or some reluctance to testify as a result of testifying in the defendant's presence and not in the courtroom generally where such trauma would impair the child's ability to communicate.Under current law, the court may order such testimony be taken by two-way closed-circuit television if it finds that (i) the child has a substantial inability to communicate about the offense or (ii) there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.The bill also extends the application window for the party seeking such order from seven to 14 days before the trial date or such other preliminary proceeding to which such order is to apply.
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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. **Introduced** (filed) — [source](https://lis.blob.core.windows.net/files/1012887.PDF)
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2. **Appropriations Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1024169.PDF)
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3. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1072052.PDF)
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4. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1022478.PDF)
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5. **Courts of Justice Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1046386.HTML)
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6. **Senate Amendments** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1053201.HTML)
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7. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1060094.PDF)
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## Votes
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- Constitutional reading dispensed (on 2nd reading) (40-Y 0-N) — **40–0** (pass) · upper
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- Subcommittee recommends reporting with substitute (8-Y 0-N) — **8–0** (pass) · lower
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- Reported from Courts of Justice with substitute and rereferred to Appropriations (19-Y 3-N) — **19–3** (pass) · lower
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- Reported from Appropriations with substitute (22-Y 0-N) — **22–0** (pass) · lower
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- Passed Senate with amendments (32-Y 4-N) — **32–4** (pass) · upper
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- Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (12-Y 3-N) — **12–3** (pass) · upper
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- Reported from Finance and Appropriations (13-Y 2-N) — **13–2** (pass) · upper
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- Read third time and passed House (89-Y 10-N) — **89–10** (pass) · lower
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- Subcommittee recommends reporting and rereferred to Appropriations (7-Y 0-N) — **7–0** (pass) · lower
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- Senate Amendments agreed to by House (92-Y 4-N) — **92–4** (pass) · lower
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## Sponsors
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- Karrie K. Delaney — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-01-04** Prefiled and ordered printed; Offered 01-08-2025 25100100D `filing, introduction`
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- **2025-01-04** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-01-14** Assigned Courts sub: Criminal `referral-committee`
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- **2025-01-15** Subcommittee recommends reporting and referred to Appropriations (7-Y 0-N)
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- **2025-01-17** Reported from Courts of Justice with substitute and referred to Appropriations (19-Y 3-N) `committee-passage`
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- **2025-01-17** Committee substitute printed 25105207D-H1 `substitution`
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- **2025-01-18** Assigned Approps sub: General Government and Capital Outlay `referral-committee`
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- **2025-01-20** Subcommittee recommends reporting with substitute (8-Y 0-N) `substitution`
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- **2025-01-21** Fiscal Impact Statement from Department of Planning and Budget (HB1728)
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- **2025-01-22** Reported from Appropriations with substitute (22-Y 0-N) `committee-passage`
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- **2025-01-22** Committee substitute printed 25105399D-H2 `substitution`
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- **2025-01-24** Read first time `reading-1`
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- **2025-01-25** Fiscal Impact Statement from Department of Planning and Budget (HB1728)
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- **2025-01-27** Read second time `reading-2`
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- **2025-01-27** Courts of Justice Substitute rejected
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- **2025-01-27** Appropriations Substitute agreed to
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- **2025-01-27** Engrossed by House - committee substitute `substitution`
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- **2025-01-28** Read third time and passed House (89-Y 10-N) `passage, reading-3`
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- **2025-01-29** Constitutional reading dispensed (on 1st reading)
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- **2025-01-29** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-02-10** Reported from Courts of Justice with amendments and rereferred to Finance and Appropriations (12-Y 3-N) `committee-passage`
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- **2025-02-12** Reported from Finance and Appropriations (13-Y 2-N) `committee-passage`
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- **2025-02-13** Rules suspended
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- **2025-02-13** Constitutional reading dispensed (on 2nd reading) (40-Y 0-N)
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- **2025-02-13** Passed by for the day
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- **2025-02-14** Read third time `reading-3`
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- **2025-02-14** Reading of amendments waived
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- **2025-02-14** Courts of Justice Amendments agreed to `amendment-passage`
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- **2025-02-14** Engrossed by Senate as amended
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- **2025-02-14** Passed Senate with amendments (32-Y 4-N) `passage`
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- **2025-02-18** Senate Amendments agreed to by House (92-Y 4-N) `amendment-passage`
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- **2025-02-20** Enrolled `enrolled`
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- **2025-02-20** Bill text as passed House and Senate (HB1728ER) `passage`
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- **2025-02-20** Signed by Speaker `passage`
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- **2025-02-23** Fiscal Impact Statement from Department of Planning and Budget (HB1728)
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- **2025-02-23** Signed by President `passage`
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- **2025-03-05** Enrolled Bill communicated to Governor on March 5, 2025 `enrolled, executive-receipt`
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- **2025-03-05** Governor's Action Deadline 11:59 p.m., March 24, 2025 `executive-receipt`
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- **2025-03-21** Approved by Governor-Chapter 191 (Effective 07/01/25) `executive-signature`
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- **2025-03-21** Acts of Assembly Chapter text (CHAP0191)
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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/65a7ad99-d061-4aa9-8807-3660d6e8e0b8`. Confidence: reported (aggregated from official Virginia legislature records).
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