Virginia 2023 Regular Session

Virginia Senate Bill SB801

Introduced
12/4/22  
Refer
12/4/22  
Report Pass
1/16/23  
Engrossed
1/18/23  
Refer
2/9/23  
Report Pass
2/13/23  
Enrolled
2/21/23  
Chaptered
3/21/23  

Caption

Conservators of the peace; search warrants, military criminal investigative organizations.

Impact

The provisions outlined in SB801 will centralize and standardize the processes related to search warrants and the execution of those warrants by conservators of the peace. By amending the Code of Virginia, it impacts existing statutes regarding who may issue and execute search warrants, setting clear requirements for the proper execution of such warrants. This has implications for both state and local law enforcement agencies and could potentially enhance cooperation between various law enforcement divisions.

Summary

SB801 addresses the roles and responsibilities of conservators of the peace and the issuance of search warrants in Virginia. The bill expands the definition of conservators of the peace, including various federal and state law enforcement officials who can now act under this designation. The legislation provides specific guidelines on how search warrants should be issued and executed, ensuring that due process is maintained in regards to law enforcement operations.

Sentiment

The sentiment around SB801 appears to be supportive among law enforcement circles, as it provides a clearer framework for executing search warrants and defines the roles of conservators of the peace. However, there may be concerns from civil rights advocates regarding the potential for overreach and the implications of deploying a wider array of personnel under the conservator of the peace title, leading to heightened scrutiny of law enforcement practices.

Contention

Notable points of contention revolve around the fear that broadening the authority of conservators of the peace may lead to abuses of power, particularly regarding search warrants and the potential for militarized law enforcement actions. Critics may argue that while the bill seeks to streamline processes, it could undermine individual rights if proper checks and balances are not implemented effectively.

Companion Bills

VA HB1425

Same As Conservators of the peace; search warrants, military criminal investigative organizations.

Previously Filed As

VA SB570

Search warrants; unattended deaths.

VA HB690

Search warrant; search of place of abode, copy of affidavit to be part of warrant.

VA HB1028

Search warrant; search of place of abode, copy of affidavit to be part of warrant.

VA HB4129

Relating to the prohibition of warrantless searches and seizures.

VA HB2386

Relating to the prohibition of warrantless searches and seizures.

VA HB1219

Unmanned aircraft systems; use by law-enforcement officers, search warrants.

VA SB647

Unmanned aircraft systems; use by law-enforcement officers, search warrants.

VA HB835

Criminal Procedure - No-Knock Search Warrants

VA AB1118

Criminal procedure: search warrants.

VA HB690

An Act to amend and reenact ยง 19.2-56, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to search warrant; search of place of abode; copy of affidavit to be part of warrant and served therewith; temporary sealing.

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