VirginiaSB7942026 Regular SessionSenate

Virginia Health Care Protection Act; established, prohibition on extradition for certain crimes.

Sponsored By: Russet Perry (Democratic)

Signed by Governor

Summary

Virginia Health Care Protection Act established; prohibition on extradition for certain crimes; penalties. Establishes the Virginia Health Care Protection Act. The bill provides that no law-enforcement officer acting in the Commonwealth or employed by the Commonwealth or any of its localities or political subdivisions may investigate, arrest, or detain any person, seek the issuance of a warrant, or otherwise assist in or provide support for any investigation involving protected health care activity, as defined in the bill, not prohibited under the laws of the Commonwealth. The bill creates a private right of action for any person who is aggrieved by such unlawful investigation to obtain an injunction or other equitable relief against such law-enforcement officer.The bill creates a private right of action for any person who sustains any injury, damages, or other harm resulting from another person who, under the laws of a jurisdiction other than the Commonwealth, engages or attempts to engage in abusive litigation, as defined in the bill.The bill also provides that no demand for extradition of a person charged with a criminal violation of law of another state shall be recognized by the Governor if such alleged violation involves protected health care activity within the Commonwealth unless the alleged criminal violation would also constitute a criminal offense under the laws of the Commonwealth.The bill provides that any subpoena under the Uniform Interstate Depositions and Discovery Act or any summons for a witness for another state in a criminal case shall include an attestation, made under penalty of perjury, stating whether the subpoena or summons seeks documents, information, or testimony related to protected health care activity.

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 5 benefits, 0 costs, 0 mixed.

People harmed by care-targeting lawsuits can sue

People harmed by specified sworn-statement violations or abusive litigation can sue for damages, court orders, legal fees, and costs. Abusive litigation means outside proceedings aimed at deterring, punishing, or imposing liability for protected care. It excludes cases arising entirely in Virginia with a valid Virginia-law claim. Available damages include nominal, compensatory, and punitive damages. Compensatory damages equal actual losses or $5,000, whichever is greater. Each instance of engaging in or attempting abusive litigation counts separately. People must sue within three years after discovering the violation. Available venues include the plaintiff's home city or county, the place of the act, Fairfax County, and Richmond. Virginia, its agencies, local governments, and their staff cannot claim government immunity against court-ordered equitable relief under this law. Government workers can also face personal liability or orders for prohibited conduct done through their job or official authority.

Care-related records and witnesses gain protections

Parties seeking Virginia subpoenas based on another jurisdiction's subpoena must state under penalty of perjury whether protected care is involved. Clerks cannot issue a subpoena without that statement. Courts must cancel existing subpoenas unless the material is unrelated to protected care or a listed exception applies. Exceptions cover specified out-of-state injury claims comparable to Virginia claims, brought by the harmed person or an authorized representative. Courts may also allow qualifying contract claims brought by a party to the contract. Requests to compel Virginia residents to testify in another state's criminal case or grand jury investigation must certify no protected-care connection. Virginia courts cannot compel attendance when the case or investigation concerns protected care.

Patients and providers gain extradition protections

Protected care means care lawful in Virginia, provided by a Virginia-licensed provider physically in the state. The Governor cannot honor an extradition demand over that care unless the conduct is also a Virginia crime. An exception applies when the accused was in the requesting state during the alleged crime and then fled. Demands must include specific facts about presence and flight, sworn under penalty of perjury by someone with direct knowledge. A demand missing that statement is invalid. An oath confirming presence in Virginia establishes presumed absence from the other state, rebuttable by clear and convincing evidence. The Governor must investigate for at least 365 calendar days before acting or responding. Counting starts no earlier than the day after an accurate written acknowledgment that all required demand materials arrived.

Patients gain protection from police action

Covered Virginia officers cannot investigate, arrest, detain, seek warrants, assist, or share information in outside inquiries targeting protected care. This includes inquiries by out-of-state police or private citizens about services lawful if provided entirely in Virginia. Before another state's formal extradition request, an arrest warrant requires the sworn statement establishing presence there and later flight. The law bars warrantless arrests tied to criminal liability for protected care. Searches, seizures, arrests, detention, or imprisonment are unlawful when violations of these protections contribute and alleged protected care is a basis. Affected people can seek court orders against prohibited police cooperation. These protections do not block Virginia investigations or prosecutions of conduct suspected or shown to violate Virginia law.

State enforcement backs patients' care protections

The Virginia Attorney General can sue over violations of sworn-statement rules for arrests before formal extradition requests or abusive litigation. Violators face civil penalties of up to $10,000 per violation, plus reasonable legal fees and costs. The Attorney General must start the action within three years after the violation. Penalties, fees, and costs go to Virginia's general fund, not directly to patients.

Sponsors & Cosponsors

Sponsor

  • Russet Perry

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 176 • No: 79

House vote • 3/9/2026

Passed House

Yes: 60 • No: 35

House vote • 3/4/2026

Reported from Appropriations

Yes: 15 • No: 7

House vote • 3/2/2026

Reported from Courts of Justice and referred to Appropriations

Yes: 15 • No: 7

House vote • 2/23/2026

Subcommittee recommends reporting and referring to Appropriations

Yes: 7 • No: 3

Senate vote • 2/16/2026

Read third time and passed Senate

Yes: 20 • No: 19

Senate vote • 2/13/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/12/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/12/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/11/2026

Reported from Finance and Appropriations

Yes: 10 • No: 4

Senate vote • 2/4/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 9 • No: 4

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0905)

    4/13/2026Governor
  2. Approved by Governor-Chapter 905 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB794)

    3/17/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

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

    3/14/2026Senate
  6. Bill text as passed Senate and House (SB794ER)

    3/13/2026Senate
  7. Enrolled

    3/13/2026Senate
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. Passed House (60-Y 35-N 0-A)

    3/9/2026House
  11. Read third time

    3/9/2026House
  12. Read second time

    3/6/2026House
  13. Reported from Appropriations (15-Y 7-N)

    3/4/2026House
  14. Assigned HAPP sub: Transportation & Public Safety

    3/3/2026House
  15. Reported from Courts of Justice and referred to Appropriations (15-Y 7-N)

    3/2/2026House
  16. Subcommittee recommends reporting and referring to Appropriations (7-Y 3-N)

    2/23/2026House
  17. Read first time

    2/20/2026House
  18. Assigned HCJ sub: Civil

    2/20/2026House
  19. Referred to Committee for Courts of Justice

    2/20/2026House
  20. Placed on Calendar

    2/20/2026House
  21. Read third time and passed Senate (20-Y 19-N 0-A)

    2/16/2026Senate
  22. Committee substitute agreed to (Voice Vote)

    2/13/2026Senate
  23. Engrossed by Senate - committee substitute (Voice Vote)

    2/13/2026Senate
  24. Read second time

    2/13/2026Senate
  25. Passed by for the day Block Vote (Voice Vote)

    2/12/2026Senate

Bill Text

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