HB 682 — Service of process; investigator employed by an attorney for the Commonwealth, etc.
Last action — Approved by Governor-Chapter 684 (effective 7/1/22)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
9 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Service of process; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission. Provides that all investigators employed by an attorney for the Commonwealth or by the Indigent Defense Commission while engaged in the performance of their official duties when serving witness subpoenas shall not be considered a party or otherwise interested in the subject matter in controversy and, thus, are authorized to serve process to such witnesses. This bill is identical to SB 291.
Bill Text
What changed in the latest version
40 added · 40 removedPlain-language change summary
The amendments to Bill HB 682 clarify who is authorized to serve legal documents, specifically in relation to investigators employed by attorneys for the Commonwealth or the Indigent Defense Commission. The revised bill now explicitly states that these investigators, who are former law enforcement officers, are not considered parties in the cases they are involved with, ensuring their role is purely to serve process. This change is significant because it expands the capability to serve legal documents effectively, while also maintaining a level of impartiality in legal proceedings.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E684 An Act to amend and reenact § 8.01-293 of the Code of Virginia, relating to service of process;Nprocess; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission.
Rinvestigator Oemployed [Hby 682]an Lattorney Approvedfor Be it enacted by the GeneralCommonwealth Assemblyor ofIndigent Virginia:Defense Commission.
L[H 1.682] Approved April 11, 2022 Be it enacted by the General Assembly of Virginia:
1.
E § 8.01-293.
D A.
subject2. matter in controversy.
ForAny purposesperson of thisage subdivision,18 anyears investigatorof employedage byor anolder attorneyand who is not a party or otherwise interested in the for the Commonwealth or employed by the Indigent Defense Commission, who within 10 yearsyearsd by an attorney immediately prior to being employed by the attorney for the Commonwealth or Indigent Defense Commission was an active law-enforcement officer as defined in § 9.1-101 in the Commonwealth anHand retired or resigned from his position as a law-enforcement officer in good standing, shall not 6ebe considered to be a party or otherwise interested in the subject matter in controversy while eng2ged in an investigator employed by an attorney for the Commonwealth shall not be considered to be a party oron, otherwise interested in the subject matter in controversy while engaged in the performance of his official duties,duties providedwhen thatserving thewitness sheriffsubpoenas. in the jurisdiction where process is to be served has agreed that such investigators investigator may serve process.
For purposes of this subdivision, an investigator employed by an attorney for the Commonwealth shall not be considered to be a party or otherwise interested in the subject matter in controversy while engaged in the performance of his official duties, provided that the sheriff in the jurisdiction where process is to be served has agreed that such investigators investigator may serve process.
However, in any case in which custody or visitation of a minor child or children is at issue and a summons is issued for the attendance and testimony of a teacher or other school personnel who is not a party to the proceeding, if suchendancesuch summons is served on school property, it shall be served only by a sheriff or his deputy;
For purposes of this section, "private process server" means any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy, and who charges a fee for service of process.
Whenever in this Code the term "officer" or "sheriff" is used to refer to persons authorized to make, personreturn, authorizedor bydo thisany sectionother act relating to serveservice process.process,of process, such term shall be deemed to refer to any B.person authorized by this section to serve process.
B.
View plain text versions (5)
- CHAP0684 View text Current pdf April 11, 2022
- HB682ER View text pdf March 21, 2022
- Committee Substitute Committee substitute printed 22106768D-S1 pdf February 21, 2022
- Committee Substitute Committee substitute printed 22106250D-H1 pdf February 11, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101921D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 684 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Adoption (100-Y 0-N)
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Conference report agreed to by House (100-Y 0-N)
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Conference report agreed to by Senate (37-Y 0-N)
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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House acceded to request
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Senate requested conference committee
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Senate insisted on substitute (40-Y 0-N)
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VOTE: Rejected (0-Y 99-N)
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Senate substitute rejected by House 22106768D-S1 (0-Y 99-N)
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Passed Senate with substitute (40-Y 0-N)
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Engrossed by Senate - committee substitute HB682S1
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Committee substitute agreed to 22106768D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (40-Y 0-N)
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Committee substitute printed 22106768D-S1
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Reported from Judiciary with substitute (14-Y 0-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Block Vote Passage (100-Y 0-N)
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Read third time and passed House BLOCK VOTE (100-Y 0-N)
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Engrossed by House - committee substitute HB682H1
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Committee substitute agreed to 22106250D-H1
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Read second time
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Read first time
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Committee substitute printed 22106250D-H1
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Reported from Courts of Justice with substitute (18-Y 0-N)
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Subcommittee recommends reporting with substitute (7-Y 0-N)
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House subcommittee amendments and substitutes offered
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Assigned Courts sub: Subcommittee #3
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/12/22 22101921D
Sponsors
- Patrick A. Hope · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 95 voted No
Sponsors (1)
- Patrick A. Hope Voted No
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 37 | 0 | 0 | 3 |
| Total | 37 | 0 | 0 | 3 |
| % of votes cast | 93% | 0% | 0% | 8% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 98 | 0 | 1 |
| Total | 0 | 98 | 0 | 1 |
| % of votes cast | 0% | 99% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 18 | 0 | 0 | 2 |
| Total | 18 | 0 | 0 | 2 |
| % of votes cast | 90% | 0% | 0% | 10% |
How each member voted (20)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Not Voting |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Karrie K. Delaney | — | Not Voting |
| Keam, Mark L. | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bell, Robert B. | — | Not Voting |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Jason S. Ballard | — | Yea |
| Jessica L. Anderson | — | Yea |
| Marcus B. Simon | — | Yea |
| Patrick A. Hope | — | Yea |
| Terry G. Kilgore | — | Not Voting |
Subjects
Frequently asked questions
- What does HB 682 do?
- Service of process; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission. Provides that all investigators employed by an attorney for the Commonwealth or by the Indigent Defense Commission while engaged in the performance of their official duties when serving witness subpoenas shall not be considered a party or otherwise interested in the subject matter in controversy and, thus, are authorized to serve process to such witnesses. This bill is identical to SB 291.
- Who sponsors HB 682?
- HB 682 is sponsored by Patrick A. Hope.
- What is the current status of HB 682?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 682?
- Track HB 682 free on One Click Politics — get push/email alerts when it moves.
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