Installation of a pen register or trap and trace device; emergency circumstances.
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SB 833 — Installation of a pen register or trap and trace device; emergency circumstances.
Last action — Enrolled
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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3Passed Senate
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4Passed House of Delegates
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Provides that when disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement officer may obtain a pen register or trap and trace device installation without a court order in certain emergency circumstances. The bill provides that when a pen register or trap and trace device is installed without a court order under such circumstances, the investigative or law-enforcement officer shall file with the appropriate court, within three days of seeking such installation, a written statement setting forth the facts giving rise to the emergency and the reasons why the installation of the pen register or trap and trace device was believed to be important in addressing the emergency. The bill also provides that real-time location data may be obtained without a warrant from a provider of electronic communication service or remote computing service in order to locate a child who is reasonably believed to have been abducted or to be missing and endangered.
Bill Text
What changed in the latest version
39 added · 40 removedPlain-language change summary
The updated version of SB 833 includes specific language about how the installation of pen registers or trap and trace devices should be treated in terms of jurisdiction. It clarifies that the installation will be considered to occur where the court order is issued, regardless of physical location. This change is important because it helps streamline the legal process for law enforcement seeking information in urgent investigations while ensuring that the use of such technology aligns with legal standards. The amendment also emphasizes the need for law enforcement to provide written justification to the court in emergency situations, which adds a layer of accountability.
SESSION history | hilite | pdf | print version 18107405DVIRGINIA SENATEACTS BILLOF NO.ASSEMBLY -- CHAPTER An Act to amend and reenact §§ 19.2-70.2 and 19.2-70.3 of the Code of Virginia, relating to installation of a pen register or trap and trace device;
833 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 23, 2018) (Patron Prior to Substitute--Senator Carrico) A BILL to amend and reenact §§ 19.2-70.2 and 19.2-70.3 of the Code of Virginia, relating to installation of a pen register or trap and trace device;
[S 833] Approved Be it enacted by the General Assembly of Virginia:
View plain text versions (3)
- Senate: Bill text as passed Senate and House (SB833ER) View text Current html March 06, 2018
- Committee Substitute House: Committee substitute printed 18107405D-H1 html February 23, 2018
- Senate: Presented and ordered printed 18104381D View text html January 15, 2018
Action History
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Enrolled
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Title replaced 18107405D-S1
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Passed House with substitute BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute SB833H1
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Committee substitute agreed to18107405D-H1
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Read third time
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Read second time
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Assigned Courts sub: Subcommittee #1
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Read second time and engrossed
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Referred to Committee for Courts of Justice
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Presented and ordered printed 18104381D
Sponsors
- Sr. Charles W. Carrico · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
- Charles W. Carrico, Sr.
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
Roll call published as PDF — view source.
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (98)
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does SB 833 do?
- Provides that when disclosure of real-time location data is not prohibited by federal law, an investigative or law-enforcement officer may obtain a pen register or trap and trace device installation without a court order in certain emergency circumstances. The bill provides that when a pen register or trap and trace device is installed without a court order under such circumstances, the investigative or law-enforcement officer shall file with the appropriate court, within three days of seeking such installation, a written statement setting forth the facts giving rise to the emergency and the reasons why the installation of the pen register or trap and trace device was believed to be important in addressing the emergency. The bill also provides that real-time location data may be obtained without a warrant from a provider of electronic communication service or remote computing service in order to locate a child who is reasonably believed to have been abducted or to be missing and endangered.
- Who sponsors SB 833?
- SB 833 is sponsored by Charles W. Carrico, Sr..
- What is the current status of SB 833?
- This bill died with 2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 833?
- Track SB 833 free on One Click Politics — get push/email alerts when it moves.
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