VirginiaHB6902026 Regular SessionHouse

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

Sponsored By: Eric R. Zehr (Republican)

Became Law

Summary

Search warrant; search of place of abode; copy of affidavit to be part of warrant and served therewith; temporary sealing. Provides that if an affidavit that accompanies a search warrant for a place of abode has been sealed pursuant to relevant law, the executing law-enforcement officer does not have to give or leave a copy of such affidavit in a conspicuous place within or affixed to the place to be searched. The bill also adds that the circumstances requiring the issuance of a warrant after 5:00 p.m. shall be documented in the required affidavit that is submitted to a magistrate when seeking such authorization. This bill incorporates HB 1028.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Stronger protections during home searches

Police cannot use no‑knock warrants. For home searches, officers must be clearly identifiable and announce their purpose. Initial entry into a home is only between 8:00 a.m. and 5:00 p.m., unless a judge allows other times for good cause. If no judge is available, a magistrate may allow it, and officers must try to find a judge first and note this in an affidavit. Evidence from searches that break the time rule cannot be used by the Commonwealth. Before searching, officers must give you a copy of the warrant and, if not sealed, the affidavit, or leave them in a clear place if no adult is there. Warrants must name the affiant, state the crime, describe the place and items, say why there is probable cause, and show the issue date and time. Officers must list what they take and file that inventory with the court. A warrant expires if not executed within 15 days. Only owners or occupants, and people the lead officer designates, may be present during the search.

Rules for electronic and financial records

A warrant for a customer’s electronic records can be served on providers that do business in Virginia by hand, mail, delivery service, fax, or electronically, in or out of state. Providers must give the contents of communications when served with a valid state warrant. The officer must note when materials are received and file the warrant, inventory, and affidavit within three days, not counting weekends or state and federal holidays (unless the affidavit was recorded by voice or video). For foreign companies’ records, the affidavit must say the company has the records, and the search counts as happening where the warrant was issued. For financial firms and related companies, the warrant is treated as executed where the served firm is located. The law defines foreign corporations and what counts as proper service, including service on officers, agents, or named persons.

Who can execute a warrant

Warrants may be directed to local police or sheriffs, state officers with police powers, and named federal agents. The officer who receives the warrant must execute it. If both state and federal officers are named, either can execute it or they can act together.

Sponsors & Cosponsors

Sponsor

  • Eric R. Zehr

    Republican • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 317 • No: 0

House vote 3/4/2026

Senate amendments agreed to by House

Yes: 96 • No: 0

Senate vote 3/2/2026

Committee amendments agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote 3/2/2026

Passed Senate with amendments Block Vote

Yes: 40 • No: 0

Senate vote 2/27/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 37 • No: 0

Senate vote 2/27/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/25/2026

Reported from Courts of Justice with amendments

Yes: 15 • No: 0

House vote 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote 2/11/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote 2/4/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0203)

    4/6/2026Governor
  2. Approved by Governor-Chapter 203 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB690)

    3/12/2026House
  6. Signed by Speaker

    3/12/2026House
  7. Bill text as passed House and Senate (HB690ER)

    3/11/2026House
  8. Enrolled

    3/11/2026House
  9. Signed by President

    3/11/2026Senate
  10. Senate amendments agreed to by House (96-Y 0-N 0-A)

    3/4/2026House
  11. Passed Senate with amendments Block Vote (40-Y 0-N 0-A)

    3/2/2026Senate
  12. Committee amendments agreed to (Voice Vote)

    3/2/2026Senate
  13. Engrossed by Senate as amended

    3/2/2026Senate
  14. Read third time

    3/2/2026Senate
  15. Passed by for the day Block Vote (Voice Vote)

    2/27/2026Senate
  16. Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)

    2/27/2026Senate
  17. Rules suspended

    2/27/2026Senate
  18. Reported from Courts of Justice with amendments (15-Y 0-N)

    2/25/2026Senate
  19. Referred to Committee for Courts of Justice

    2/18/2026Senate
  20. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  21. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  22. Engrossed by House - committee substitute

    2/16/2026House
  23. committee substitute agreed to

    2/16/2026House
  24. Read second time

    2/16/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (HB690)

    2/16/2026House

Bill Text

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