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- Subject Index: Since 1995
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2022 SESSION
HB 734 Virginia Freedom of Information Act; disclosure of certain criminal records.
Introduced by: Robert B. Bell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Virginia Freedom of Information Act; disclosure of certain criminal records. Provides that (i) criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act, though they may be disclosed by the custodian of such records to certain individuals except as otherwise provided in the bill, and (ii) with the exception of disclosure to an attorney representing a petitioner or inspection by an attorney or a person proceeding pro se in a petition for a writ of habeas corpus or writ of actual innocence or any other federal or state post-conviction proceeding or pardon, no criminal investigative file or portion thereof shall be disclosed to any requester except (a) the victim; (b) the victim's immediate family members, if the victim is deceased and the immediate family member to which the records are to be disclosed is not a person of interest or a suspect in the criminal investigation; or (c) the victim's parent or guardian, if the victim is a minor and the parent or guardian is not a person of interest or a suspect in the criminal investigation or proceeding, unless the public body has made reasonable efforts to notify any such individual of the request for such information. Upon receipt of notice that a public body has received a request for criminal investigative files, such persons shall have 14 days to file in an appropriate court for an injunction to prevent disclosure of the records and the time period within which the public body has to respond to the underlying request shall be tolled pending the notification process and any subsequent disposition by the court. The bill requires the court to consider certain information in making its determination and provides that a public body shall be prohibited from responding to the request until at least 14 days have passed from the time notice was received by any such individual listed in clauses (a), (b), or (c) and shall not disclose any criminal investigative files if the court awards an injunction. This bill incorporates HB 890.
FULL TEXT
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22100814D pdf | impact statement
- 02/10/22 House: Committee substitute printed 22106405D-H1 pdf | impact statement
- 03/02/22 Senate: Committee substitute printed 22107370D-S1 pdf | impact statement
- 03/12/22 House: Conference substitute printed 22107936D-H2 pdf | impact statement
- 03/21/22 House: Bill text as passed House and Senate (HB734ER) pdf | impact statement
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0386) pdf
AMENDMENTS
- House subcommittee amendments and substitutes offered
- House subcommittee amendments and substitutes adopted
- House committee, floor amendments and substitutes offered
- Senate committee, floor amendments and substitutes offered
- Senate amendments
- Senate amendments engrossed
- Conference amendments
HISTORY
- 01/11/22 House: Prefiled and ordered printed; offered 01/12/22 22100814D
- 01/11/22 House: Referred to Committee on General Laws
- 01/21/22 House: Assigned GL sub: Subcommittee #4
- 02/08/22 House: Subcommittee recommends reporting with substitute (5-Y 3-N)
- 02/10/22 House: Reported from General Laws with substitute (12-Y 10-N)
- 02/10/22 House: Committee substitute printed 22106405D-H1
- 02/13/22 House: Read first time
- 02/14/22 House: Read second time
- 02/14/22 House: Committee substitute agreed to 22106405D-H1
- 02/14/22 House: Engrossed by House - committee substitute HB734H1
- 02/15/22 House: Read third time and passed House (54-Y 45-N)
- 02/15/22 House: VOTE: Passage (54-Y 45-N)
- 02/16/22 Senate: Constitutional reading dispensed
- 02/16/22 Senate: Referred to Committee on General Laws and Technology
- 03/02/22 Senate: Reported from General Laws and Technology with substitute (9-Y 5-N 1-A)
- 03/02/22 Senate: Committee substitute printed 22107370D-S1
- 03/04/22 Senate: Passed by for the day
- 03/07/22 Senate: Constitutional reading dispensed (38-Y 0-N)
- 03/08/22 Senate: Read third time
- 03/08/22 Senate: Reading of substitute waived
- 03/08/22 Senate: Committee substitute agreed to 22107370D-S1
- 03/08/22 Senate: Reading of amendment waived
- 03/08/22 Senate: Amendment by Senator Surovell agreed to
- 03/08/22 Senate: Engrossed by Senate - committee substitute with amendment HB734S1
- 03/08/22 Senate: Passed Senate with substitute with amendment (26-Y 13-N)
- 03/09/22 House: Senate substitute with amendment rejected by House 22107370D-S1 (0-Y 98-N)
- 03/09/22 House: VOTE: Adoption (0-Y 98-N)
- 03/10/22 Senate: Senate insisted on substitute with amendment (40-Y 0-N)
- 03/10/22 Senate: Senate requested conference committee
- 03/10/22 House: House acceded to request
- 03/10/22 House: Conferees appointed by House
- 03/10/22 House: Delegates: Bell, Leftwich, Delaney
- 03/10/22 Senate: Conferees appointed by Senate
- 03/10/22 Senate: Senators: Surovell, Bell, Stuart
- 03/12/22 Conference: Amended by conference committee
- 03/12/22 House: Conference substitute printed 22107936D-H2
- 03/12/22 House: Conference report agreed to by House (55-Y 39-N)
- 03/12/22 House: VOTE: Adoption (55-Y 39-N)
- 03/12/22 Senate: Conference report agreed to by Senate (25-Y 15-N)
- 03/21/22 House: Enrolled
- 03/21/22 House: Bill text as passed House and Senate (HB734ER)
- 03/21/22 Senate: Signed by President
- 03/22/22 House: Signed by Speaker
- 03/22/22 House: Enrolled Bill communicated to Governor on March 22, 2022
- 03/22/22 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
- 04/11/22 Governor: Approved by Governor-Chapter 386 (effective 7/1/22)
- 04/11/22 Governor: Acts of Assembly Chapter text (CHAP0386)