SB 1412: Domestic and foreign corporations; corporations transacting business in Commonwealth, etc.

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. March 21, 2025Acts of Assembly Chapter text (CHAP0345)
2. March 21, 2025Approved by Governor-Chapter 345 (Effective 07/01/25)
3. March 11, 2025Governor's Action Deadline 11:59 p.m., March 24, 2024
4. March 11, 2025Enrolled Bill Communicated to Governor on March 11, 2025
5. March 10, 2025Signed by President
6. March 7, 2025Signed by Speaker
7. March 7, 2025Bill text as passed Senate and House (SB1412ER)
8. March 7, 2025Enrolled
9. February 20, 2025House Amendments agreed to by Senate (39-Y 0-N)
10. February 19, 2025Passed House with amendments (97-Y 0-N)
11. February 19, 2025Engrossed by House as amended
12. February 19, 2025Courts of Justice Amendments agreed to

Showing 12 most recent of 33 actions. Full history