SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2010 SESSION

  • | print version

SB 494 Electronic communication or remote computing service; provider may verify authenticity of reports.

Introduced by: Robert Hurt | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Admissibility of records concerning electronic communication service or remote computing service.  Provides that the provider of electronic communication service or remote computing service may verify the authenticity of the written reports or records that it discloses pursuant to a search warrant, court order, etc., excluding the contents of electronic communications, by providing an affidavit from the custodian of those written reports or records or from a person to whom said custodian reports certifying that they are true and complete and that they are prepared in the regular course of business. The bill also provides that when so authenticated, the written reports and records are admissible in evidence as a business records exception to the hearsay rule.

SUMMARY AS PASSED SENATE:

Admissibility of records concerning electronic communication service or remote computing service. Provides that records of a provider of electronic communication service or remote computing service that pertain to a subscriber to or customer of such service, excluding the contents of electronic communications, are prima facie evidence of the facts therein stated if, at any trial or hearing, such records are accompanied by an affidavit made by the records' custodian affirming that he is the authorized custodian, their creation was authorized and that they were made contemporaneously and relied upon in the ordinary course of business by the provider.

SUMMARY AS INTRODUCED:

Admissibility of records concerning electronic communication service or remote computing service.  Provides that records of a provider of electronic communication service or remote computing service that pertain to a subscriber to or customer of such service are prima facie evidence of the facts therein stated if, at any trial or hearing, such records are accompanied by an affidavit made by the records' custodian affirming that the provider regularly prepares and relies upon such records in the transaction of its business.