2023 Regular SessionVirginia Legislature

SB1436: Sexually transmitted infections; testing of certain persons following arrest or indictment, etc.

Legislative Summary

Testing persons charged with certain crimes for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the person charged refuses to submit to testing or the competency of the person to submit to testing is at issue, a court finding probable cause that the complaining witness was exposed to body fluids of the person charged in a manner that may transmit a sexually transmitted infection shall order such testing. The bill also provides that the results of such tests shall not be admissible as evidence in any criminal proceeding.

Bill History

1/11/2023
Presented and ordered printed 23102051D
Senate
1/11/2023
Referred to Committee on the Judiciary
Senate
1/25/2023
Assigned Judiciary sub: Criminal Law
Senate
1/30/2023
Reported from Judiciary with substitute (15-Y 0-N)
Senate
1/30/2023
Committee substitute printed 23105747D-S1
Senate
1/30/2023
Rereferred to Finance and Appropriations
Senate
2/2/2023
Reported from Finance and Appropriations (16-Y 0-N)
Senate
2/3/2023
Constitutional reading dispensed (38-Y 0-N)
Senate
2/6/2023
Read second time
Senate
2/6/2023
Reading of substitute waived
Senate
2/6/2023
Committee substitute agreed to 23105747D-S1
Senate
2/6/2023
Engrossed by Senate - committee substitute SB1436S1
Senate
2/6/2023
Constitutional reading dispensed (39-Y 0-N)
Senate
2/6/2023
Passed Senate (39-Y 0-N)
Senate
2/7/2023
Placed on Calendar
House of Delegates
2/7/2023
Read first time
House of Delegates
2/7/2023
Referred to Committee for Courts of Justice
House of Delegates
2/11/2023
Assigned Courts sub: Subcommittee #1
House of Delegates
2/13/2023
Subcommittee recommends reporting (8-Y 0-N)
House of Delegates
2/20/2023
Reported from Courts of Justice (20-Y 0-N)
House of Delegates
2/22/2023
Read second time
House of Delegates
2/23/2023
Read third time
House of Delegates
2/23/2023
Passed House BLOCK VOTE (96-Y 0-N)
House of Delegates
2/23/2023
VOTE: Block Vote Passage (96-Y 0-N)
House of Delegates
3/7/2023
Enrolled
Senate
3/7/2023
Bill text as passed Senate and House (SB1436ER)
Senate
3/8/2023
Signed by President
Senate
3/8/2023
Signed by Speaker
House of Delegates
3/13/2023
Enrolled Bill Communicated to Governor on March 13, 2023
Senate
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/27/2023
Governor: Approved by Governor-Chapter 681 (effective 7/1/23)
3/27/2023
Governor: Acts of Assembly Chapter text (CHAP0681)

Amendments

Substitute for SB1436 for S-Judiciary

Substitute for SB1436 for S-Judiciary

1/25/2023Not Adopted

Roll Call Votes

House: VOTE: Block Vote Passage (96-Y 0-N)
2/23/2023
96
Yea
0
Nay
0
Not Voting
4
Absent
Result: PASSED
House: Reported from Courts of Justice (20-Y 0-N)
2/20/2023
20
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting (8-Y 0-N)
2/13/2023
8
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Passed Senate (39-Y 0-N)
2/6/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (39-Y 0-N)
2/6/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (38-Y 0-N)
2/3/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations (16-Y 0-N)
2/2/2023
16
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with substitute (15-Y 0-N)
1/30/2023
15
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/27/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Republican: 1

Documents

Chaptered
Bill Text3/27/20237.3 KB
Enrolled
Bill Text3/7/20237.3 KB
Comm Sub
Bill Text1/30/20237.4 KB
Introduced
Bill Text1/11/20235.2 KB
Fiscal Note/Analysis
Fiscal Note/Analysis3/10/202372.1 KB
Fiscal Note/Analysis
Fiscal Note/Analysis2/7/202360.7 KB
Fiscal Note/Analysis
Fiscal Note/Analysis1/26/202360.5 KB