VA SB394 | 2024 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 1-0)
Status: Passed on April 5 2024 - 100% progression
Action: 2024-04-05 - Governor: Acts of Assembly Chapter text (CHAP0592)
Text: Latest bill text (Chaptered) [HTML]

Summary

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense. Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer; confidential informants, pretrial defendants or posttrial offenders; penalty. Provides that an accused is guilty of carnal knowledge of a person serving as a confidential informant, defined in the bill, if he (i) is a law-enforcement officer; (ii) knows that such person is serving as a confidential informant for the law-enforcement agency where such officer is employed; and (iii) carnally knows, without use of force, threat, or intimidation, such confidential informant while such person is serving as a confidential informant or is expected to testify in a criminal case for which the confidential informant assisted the law-enforcement agency with its investigation. The bill provides that such offense is a Class 6 felony. The bill also provides that an accused is guilty of sexual battery if he sexually abuses (a) a person detained or arrested by a law-enforcement officer and the accused is a law-enforcement officer, (b) a pretrial defendant or posttrial offender and the accused is an owner or employee of the bail company that posted the pretrial defendant's or posttrial offender's bond, or (c) a person serving as a confidential informant and the accused is a law-enforcement officer. Current law provides that sexual battery is a Class 1 misdemeanor for a first offense and a Class 6 felony for a third or subsequent offense.

Tracking Information

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Title

Carnal knowledge and sexual battery; persons detained or arrested by a law-enforcement officer.

Sponsors


Roll Calls

2024-03-05 - Senate - Senate: House substitute agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - Senate - Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-03-05 - Senate - Senate: House substitute agreed to by Senate (29-Y 11-N) (Y: 29 N: 11 NV: 0 Abs: 0) [PASS]
2024-03-04 - House - House: VOTE: Block Vote Passage (97-Y 0-N) (Y: 97 N: 0 NV: 0 Abs: 3) [PASS]
2024-02-28 - House - House: Reported from Appropriations (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-23 - House - House: Reported from Courts of Justice with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-21 - House - House: Subcommittee recommends reporting with substitute (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 1) [PASS]
2024-02-09 - Senate - Senate: Passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-09 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-08 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2024-02-07 - Senate - Senate: Reported from Finance and Appropriations (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2024-01-31 - Senate - Senate: Reported from Courts of Justice with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2024-04-05 Governor: Acts of Assembly Chapter text (CHAP0592)
2024-04-05 Governor: Approved by Governor-Chapter 592 (effective 7/1/24)
2024-03-11 Governor: Governor's Action Deadline 11:59 p.m., April 8, 2024
2024-03-11SenateEnrolled Bill Communicated to Governor on March 11, 2024
2024-03-09SenateSigned by President
2024-03-08HouseSigned by Speaker
2024-03-08SenateBill text as passed Senate and House (SB394ER)
2024-03-08SenateEnrolled
2024-03-05SenateTitle replaced 24108136D-H1
2024-03-05SenateHouse substitute agreed to by Senate (40-Y 0-N)
2024-03-05SenateReconsideration of Senate passage agreed to by Senate (40-Y 0-N)
2024-03-05SenateHouse substitute agreed to by Senate (29-Y 11-N)
2024-03-05SenatePassed by temporarily
2024-03-04HouseVOTE: Block Vote Passage (97-Y 0-N)
2024-03-04HousePassed House with substitute BLOCK VOTE (97-Y 0-N)
2024-03-04HouseEngrossed by House - committee substitute SB394H1
2024-03-04HouseCommittee substitute agreed to 24108136D-H1
2024-03-04HouseRead third time
2024-03-01HouseRead second time
2024-02-28HouseReported from Appropriations (22-Y 0-N)
2024-02-23HouseReferred to Committee on Appropriations
2024-02-23HouseCommittee substitute printed 24108136D-H1
2024-02-23HouseReported from Courts of Justice with substitute (21-Y 0-N)
2024-02-21HouseSubcommittee recommends referring to Committee on Appropriations
2024-02-21HouseSubcommittee recommends reporting with substitute (8-Y 0-N)
2024-02-20HouseAssigned Courts sub: Criminal
2024-02-16HouseReferred to Committee for Courts of Justice
2024-02-16HouseReferred from Public Safety by voice vote
2024-02-15HouseReferred to Committee on Public Safety
2024-02-15HouseRead first time
2024-02-15HousePlaced on Calendar
2024-02-09SenatePassed Senate (40-Y 0-N)
2024-02-09SenateConstitutional reading dispensed (40-Y 0-N)
2024-02-09SenateEngrossed by Senate - committee substitute SB394S1
2024-02-09SenateCommittee substitute agreed to 24106165D-S1
2024-02-09SenateReading of substitute waived
2024-02-09SenateRead second time
2024-02-08SenateConstitutional reading dispensed (40-Y 0-N)
2024-02-07SenateReported from Finance and Appropriations (15-Y 0-N)
2024-01-31SenateRereferred to Finance and Appropriations
2024-01-31SenateCommittee substitute printed 24106165D-S1
2024-01-31SenateReported from Courts of Justice with substitute (15-Y 0-N)
2024-01-09SenateReferred to Committee for Courts of Justice
2024-01-09SenatePrefiled and ordered printed; offered 01/10/24 24104794D

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
18264.2(n/a)See Bill Text
18267.4(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+sum+SB394
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+SB394ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?241+ful+CHAP0592+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/24106165D.pdf
Amendmenthttps://committees.lis.virginia.gov/pdfs/24108136D.pdf
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394F160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FS1160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FS1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FH1160+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+SB394FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S13V0088+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+S05V0201+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0287SB0394+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0322SB0394+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV0323SB0394+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H0801V0153+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H08V0317+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+H02V0323+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+HV1417+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1032SB0394+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1034SB0394+SB0394
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?241+vot+SV1035SB0394+SB0394

Bill Comments

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