Sexual assault nurse & forensic examiners; testimony by two-way video conferencing.
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HB 404 — Sexual assault nurse & forensic examiners; testimony by two-way video conferencing.
Last action — Approved by Governor-Chapter 253 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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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 08, 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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6 sponsors
1 primary, 5 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 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
Admission into evidence of certain forensic medical examination reports by sexual assault nurse examiners and sexual assault forensic examiners; testimony by two-way video conferencing. Allows testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination to be presented by two-way video conferencing. The bill also allows such testimony to be presented by two-way video conferencing when offered by either party in a trial or by the attorney for the Commonwealth in a hearing other than a preliminary hearing or sentencing hearing, with the consent of the court and all parties.
Bill Text
What changed in the latest version
27 added · 26 removedPlain-language change summary
The amendments to Bill HB 404 clarify the use of two-way video conferencing for testimony from sexual assault nurse examiners and forensic examiners during various hearings. Previously, the language was a bit vague, but now it explicitly states that this type of testimony can be used not only in preliminary and sentencing hearings but also during trials if all parties consent. This change facilitates easier access to critical testimony, which can improve the efficiency of legal proceedings and support victims in the process. Additionally, it emphasizes the need for witness integrity during such testimonies by including a requirement for witnesses to confirm they did not engage in off-camera communications.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E253 An Act to amend the Code of Virginia by adding a section numbered 19.2-188.4, relating to testimony by two-way video conferencing;
certain forensic medical examination reports by sexual assaulRassault nurse examiners and sexual assault forensic examiners.
O [H 404] L Approved LApril 8, 2022 Be it enacted by the General Assembly of Virginia:
E 1.
D A.
Any testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault conferencing.inerforensic examiner who performed a forensic medical examination may be presented using two-way video B.conB.
Any testimony offered by either party in a trial, or offered by the attorney for the Commonwealth in any hearing other than a preliminary hearing or sentencing hearing, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination may bHbe preC.presented by two-way video conferencing with the consent of the court and all parties.
TheC. two-way video testimony permitted by this section shall comply with the provisions of4 subsection B of § 19.2-3.1.
InThe addition,two-way unlessvideo otherwisetestimony agreedpermitted to by thethis partiessection andshall thecomply courE,with (i)the allprovisions ordersof pertainingsubsection toB witnessesof apply§ to19.2-3.1. witnesses testifying by two-way video conferencing;
In addition, unless otherwise agreed to by the parties and the court, (i) all orders pertaining to witnesses apply to witnesses testifying by two-way video conferencing;
and (iii) any witness testifying by two-way video conferencing shall certify at the conclusion of his persontestimony, duringunder hispenalty testimony.perjury,of perjury, that he did not engage in any off-camera communications with any D.person during his testimony.
D.
View plain text versions (4)
- CHAP0253 View text Current pdf April 08, 2022
- HB404ER View text pdf March 02, 2022
- Committee Substitute Committee substitute printed 22106285D-H1 pdf February 11, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22101617D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 253 (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 11, 2022
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Signed by President
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Impact statement from DPB (HB404ER)
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Signed by Speaker
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Enrolled
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Passed Senate (40-Y 0-N)
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Read third time
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Constitutional reading dispensed (39-Y 0-N)
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Reported from Judiciary (12-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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Impact statement from DPB (HB404H1)
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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 HB404H1
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Committee substitute agreed to 22106285D-H1
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Read second time
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Read first time
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Committee substitute printed 22106285D-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 (8-Y 0-N)
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House subcommittee amendments and substitutes offered
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House subcommittee amendments and substitutes offered
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Assigned Courts sub: Subcommittee #1
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Impact statement from DPB (HB404)
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/12/22 22101617D
Sponsors
- Jackie H. Glass · Cosponsor
- Tony O. Wilt · Cosponsor
- Karrie K. Delaney · Primary
- Elizabeth B. Bennett-Parker · Cosponsor
- Kathleen Murphy · Cosponsor
- Eileen Filler-Corn · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 5 co-sponsors · 142 not signed on
"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 | 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 | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 12 | 0 | 0 | 0 |
| Total | 12 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | 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 |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Saslaw, Richard L. | — | 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 | 8 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (8)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Charniele L. Herring | — | Yea |
| Karrie K. Delaney | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Vivian E. Watts | — | Yea |
| Wren M. Williams | — | Yea |
Subjects
Frequently asked questions
- What does HB 404 do?
- Admission into evidence of certain forensic medical examination reports by sexual assault nurse examiners and sexual assault forensic examiners; testimony by two-way video conferencing. Allows testimony offered by either party in a preliminary hearing or sentencing hearing, or offered by the accused in any hearing other than a trial, by a sexual assault nurse examiner or sexual assault forensic examiner who performed a forensic medical examination to be presented by two-way video conferencing. The bill also allows such testimony to be presented by two-way video conferencing when offered by either party in a trial or by the attorney for the Commonwealth in a hearing other than a preliminary hearing or sentencing hearing, with the consent of the court and all parties.
- Who sponsors HB 404?
- HB 404 is sponsored by Jackie H. Glass, Tony O. Wilt, Karrie K. Delaney, Elizabeth B. Bennett-Parker, Murphy, Kathleen, and Filler-Corn, Eileen.
- What is the current status of HB 404?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track HB 404?
- Track HB 404 free on One Click Politics — get push/email alerts when it moves.
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