SB 1475

  • Virginia Senate Bill
  • 2021 Regular Session
  • Introduced in Senate Jan 22, 2021
  • Passed Senate Feb 03, 2021
  • Passed House Feb 17, 2021
  • Signed by Governor Mar 01, 2021

Search warrants; date and time of issuance, exceptions.

Abstract

Execution of search warrants. Provides that a search warrant for the search of any place of abode shall be executed by initial entry of the abode only in the daytime hours between 8:00 a.m. and 5:00 p.m. unless (i) a judge or a magistrate, if a judge is not available, authorizes the execution of such search warrant at another time for good cause shown by particularized facts in an affidavit; or (ii) prior to the issuance of the search warrant, law-enforcement officers lawfully entered and secured the place to be searched and remained at such place continuously. The bill also provides that a law-enforcement officer shall make reasonable efforts to locate a judge before seeking authorization to execute the warrant at another time, unless the warrant was issued after 5 p.m., in which case the law-enforcement officer may seek such authorization from a magistrate without first making reasonable efforts to locate a judge.

Execution of search warrants. Provides that a search warrant may be executed at any time when prior to the issuance of the search warrant, a law enforcement officer has lawfully entered and secured the place to be searched and subsequently have remained at such place continuously or when the item to be searched already is in law enforcement possession or control. The bill also provides that any evidence obtained from a search warrant will not be excluded unless the search warrant is executed in bad faith or if it is proven that the rights of the defendant were substantially prejudiced. The bill also exempts search warrants served by means of electronic or telecommunication transmission from the no knock search warrant provisions.

Bill Sponsors (1)

Votes


Actions


Mar 01, 2021

Office of the Governor

Approved by Governor-Chapter 34 (effective 3/1/21)

Feb 26, 2021

Office of the Governor

Governor's Action Deadline 11:59 p.m., March 31, 2021

Senate

Enrolled Bill Communicated to Governor on February 26, 2021

Feb 25, 2021

House

Signed by Speaker

Feb 24, 2021

Senate

Signed by President

Senate

Enrolled

Feb 19, 2021

Senate

House amendments agreed to by Senate (38-Y 0-N)

Feb 17, 2021

House

Read third time

House

VOTE: Block Vote Passage (99-Y 0-N)

House

Passed House with amendments BLOCK VOTE (99-Y 0-N)

House

Engrossed by House as amended

House

Committee amendments agreed to

Feb 16, 2021

House

Read second time

Feb 12, 2021

House

House committee, floor amendments and substitutes offered

House

Reported from Courts of Justice with amendment(s) (22-Y 0-N)

Feb 10, 2021

House

Subcommittee recommends reporting with amendments (7-Y 1-N)

Feb 09, 2021

House

Assigned Courts sub: Criminal

Feb 08, 2021

House

Continued to Special Session 1 in Courts of Justice

Feb 05, 2021

House

Read first time

House

Placed on Calendar

House

Referred to Committee for Courts of Justice

Feb 03, 2021

Senate

Engrossed by Senate - committee substitute SB1475S1

Senate

Committee substitute agreed to 21104245D-S1

Senate

Reading of substitute waived

Senate

Read second time

Senate

Passed Senate (38-Y 1-N)

Senate

Constitutional reading dispensed (39-Y 0-N)

Senate

Emergency clause added

Feb 02, 2021

Senate

Constitutional reading dispensed (36-Y 0-N)

Feb 01, 2021

Senate

Reported from Judiciary with substitute (14-Y 0-N)

Senate

Committee substitute printed 21104245D-S1

Senate

Senate committee, floor amendments and substitutes offered

Jan 22, 2021

Senate

Referred to Committee on the Judiciary

Senate

Presented and ordered printed 21103588D

Bill Text

Bill Text Versions Format
Presented and ordered printed 21103588D HTML
Committee substitute printed 21104245D-S1 HTML
SB1475ER HTML
CHAP0034 HTML

Related Documents

Document Format
Amendment: SB1475AHE HTML
Amendment: SB1475AH HTML

Sources

Data on Open States is updated periodically throughout the day from the official website of the Virginia General Assembly.

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