Fabio
104 lines
9.0 KiB
Markdown
104 lines
9.0 KiB
Markdown
---
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type: "Bill"
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title: "Domestic and foreign corporations; corporations transacting business in Commonwealth, etc."
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description: "Search warrants; electronic records; commercial enterprise; domestic and foreign corporations. Provides that, for the purposes of search warrants, \"any object, thing, or person\" includes electronic records stored within or outside the Commonwealth of a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth that constitute evidence of the commission of crime. The bill requires the affidavit for any search warrant issued for such records of a foreign corporation to contain a statement that the complainant believes such records are actually or constructively possessed by such foreign corporation and provides that, in order to comply with relevant law, any search of the records of a foreign corporation shall be deemed to have been made in the same place where the search warrant was issued.The bill establishes a procedure for the execution of a search warrant for such records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth. The bill also provides that (i) for the purposes of responding to a subpoena served pursuant to relevant law, a foreign corporation transacting business in the Commonwealth that has a registered agent in the Commonwealth shall be deemed to have consented to service and (ii) the provisions of the bill are intended to reverse the holding in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 289 Va. 426 (2015). Lastly, the bill directs the Joint Commission on Technology and Science and the Virginia State Crime Commission to (a) review existing statutes on service of process and subpoenas relating to electronic records and (b) provide recommendations to update such statutes relating to the use of technology in the criminal justice system. Such recommendations shall be made to the General Assembly by November 15, 2025."
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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: "SB 1412"
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citation: "Virginia SB 1412 (2025)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Ryan T. McDougle"]
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version_count: 7
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action_count: 33
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vote_count: 8
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first_action: "2025-01-15"
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last_action: "2025-03-21"
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source: "openstates"
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source_identifier: "ocd-bill/d9f78678-5dfb-4019-805e-81ae8498a1cb"
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source_url: "https://lis.virginia.gov/bill-details/20251/SB1412"
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source_hash: "2748b800fbec34487fe583271bdd1ec69f23afd44e140386375205ccfc0dacec"
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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 1412 (2025) — Domestic and foreign corporations; corporations transacting business in Commonwealth, etc.
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Search warrants; electronic records; commercial enterprise; domestic and foreign corporations. Provides that, for the purposes of search warrants, "any object, thing, or person" includes electronic records stored within or outside the Commonwealth of a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth that constitute evidence of the commission of crime. The bill requires the affidavit for any search warrant issued for such records of a foreign corporation to contain a statement that the complainant believes such records are actually or constructively possessed by such foreign corporation and provides that, in order to comply with relevant law, any search of the records of a foreign corporation shall be deemed to have been made in the same place where the search warrant was issued.The bill establishes a procedure for the execution of a search warrant for such records or other information stored outside of the Commonwealth by a commercial enterprise, whether a domestic corporation or a foreign corporation, that is transacting or has transacted any business in the Commonwealth. The bill also provides that (i) for the purposes of responding to a subpoena served pursuant to relevant law, a foreign corporation transacting business in the Commonwealth that has a registered agent in the Commonwealth shall be deemed to have consented to service and (ii) the provisions of the bill are intended to reverse the holding in Yelp, Inc. v. Hadeed Carpet Cleaning, Inc., 289 Va. 426 (2015). Lastly, the bill directs the Joint Commission on Technology and Science and the Virginia State Crime Commission to (a) review existing statutes on service of process and subpoenas relating to electronic records and (b) provide recommendations to update such statutes relating to the use of technology in the criminal justice system. Such recommendations shall be made to the General Assembly by November 15, 2025.
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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/1021038.PDF)
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2. **Chaptered** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1072607.PDF)
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3. **Courts of Justice Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1053485.HTML)
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4. **Courts of Justice Subcommittee Amendment** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1045819.HTML)
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5. **Courts of Justice Substitute** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1039736.PDF)
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6. **House Amendments** (committee substitute) — [source](https://lis.blob.core.windows.net/files/1061600.HTML)
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7. **Enrolled** (enrolled) — [source](https://lis.blob.core.windows.net/files/1068716.PDF)
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## Votes
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- Passed Senate (40-Y 0-N) — **40–0** (pass) · upper
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- Reported from Courts of Justice with substitute (13-Y 1-N) — **13–1** (pass) · upper
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- Reported from Courts of Justice with amendment(s) (21-Y 0-N) — **21–0** (pass) · lower
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- Subcommittee recommends reporting with amendment(s) (8-Y 0-N) — **8–0** (pass) · lower
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- Constitutional reading dispensed (on 1st reading) (40-Y 0-N) — **40–0** (pass) · upper
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- Passed House (97-Y 0-N) — **97–0** (pass) · lower
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- Constitutional reading dispensed (on 3rd reading) (40-Y 0-N) — **40–0** (pass) · upper
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- House Amendments agreed to by Senate (39-Y 0-N) — **39–0** (pass) · upper
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## Sponsors
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- Ryan T. McDougle — primary (person)
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- Scott A. Surovell — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2025-01-15** Presented and ordered printed 25104203D `introduction`
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- **2025-01-15** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-02-03** Reported from Courts of Justice with substitute (13-Y 1-N) `committee-passage`
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- **2025-02-03** Committee substitute printed 25106574D-S1 `substitution`
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- **2025-02-04** Rules suspended
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- **2025-02-04** Constitutional reading dispensed (on 1st reading) (40-Y 0-N)
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- **2025-02-04** Read second time `reading-2`
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- **2025-02-04** Reading of substitute waived
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- **2025-02-04** Courts of Justice Substitute agreed to
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- **2025-02-04** Engrossed by Senate - committee substitute `substitution`
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- **2025-02-04** Rules suspended
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- **2025-02-04** Constitutional reading dispensed (on 3rd reading) (40-Y 0-N)
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- **2025-02-04** Passed Senate (40-Y 0-N) `passage`
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- **2025-02-07** Placed on Calendar
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- **2025-02-07** Read first time `reading-1`
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- **2025-02-07** Referred to Committee for Courts of Justice `referral-committee`
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- **2025-02-07** Assigned Courts sub: Criminal `referral-committee`
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- **2025-02-10** Subcommittee recommends reporting with amendment(s) (8-Y 0-N)
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- **2025-02-14** Reported from Courts of Justice with amendment(s) (21-Y 0-N) `committee-passage`
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- **2025-02-18** Read second time `reading-2`
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- **2025-02-19** Read third time `reading-3`
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- **2025-02-19** Courts of Justice Amendments agreed to `amendment-passage`
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- **2025-02-19** Engrossed by House as amended
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- **2025-02-19** Passed House with amendments (97-Y 0-N) `passage`
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- **2025-02-20** House Amendments agreed to by Senate (39-Y 0-N) `amendment-passage`
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- **2025-03-07** Enrolled `enrolled`
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- **2025-03-07** Bill text as passed Senate and House (SB1412ER) `passage`
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- **2025-03-07** Signed by Speaker `passage`
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- **2025-03-10** Signed by President `passage`
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- **2025-03-11** Enrolled Bill Communicated to Governor on March 11, 2025 `enrolled`
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- **2025-03-11** Governor's Action Deadline 11:59 p.m., March 24, 2024 `executive-receipt`
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- **2025-03-21** Approved by Governor-Chapter 345 (Effective 07/01/25) `executive-signature`
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- **2025-03-21** Acts of Assembly Chapter text (CHAP0345)
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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/d9f78678-5dfb-4019-805e-81ae8498a1cb`. Confidence: reported (aggregated from official Virginia legislature records).
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