SB 1412

Abstract

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.

An Act to amend and reenact §§ 8.01-301, 19.2-53, and 19.2-56 of the Code of Virginia, relating to domestic corporation or foreign corporation transacting business in Commonwealth; search warrants; service of process; electronic records.