VirginiaSB7942026 Regular SessionSenateWALLET

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

Sponsored By: Russet Perry (Democratic)

Became Law

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: 4 benefits, 0 costs, 1 mixed.

At least $5,000 for abusive lawsuits

The law defines “abusive litigation” that targets lawful Virginia health care. If you are harmed by a false or missing required attestation or by abusive litigation, you can sue for the greater of your actual losses or $5,000, plus possible punitive damages, court orders, and attorney fees; you must file within three years of discovering the harm. You can also sue to stop illegal investigations, arrests, detentions, or disclosures tied to protected care. The Attorney General may sue violators and seek up to $10,000 per violation, plus fees and costs; these AG actions must start within three years. The Commonwealth waives immunity for court orders under this chapter, and employees can be held individually liable for violations.

No extradition for lawful Virginia health care

The Governor does not honor extradition requests for crimes tied to protected health care unless the act is also a crime in Virginia. If you swear you were in Virginia when the alleged offense happened, the other state must prove otherwise with clear and convincing evidence in a Virginia court. For claims that you fled the other state, the request must include a sworn, fact‑specific statement by someone with direct knowledge; without it, the demand is invalid. The Governor takes at least 365 days to investigate protected‑care extradition requests after acknowledging all required materials. No Virginia warrant issues in these cases unless the affidavit includes the same sworn attestation.

Police cannot help out-of-state care cases

Virginia police and criminal justice agencies cannot investigate, arrest, detain, seek warrants, or share information for matters involving protected health care that is lawful in Virginia. Warrantless arrests tied to such care are banned. Virginia courts do not issue orders to force witnesses to testify in prosecutions or grand jury probes about protected care. Any search, seizure, arrest, detention, or imprisonment based in whole or part on protected care—and aided by the listed statutory violations—is unlawful.

What care this law protects

“Protected health care activity” means giving, getting, or helping with health care that is lawful in Virginia, provided by a Virginia‑licensed provider who is physically in Virginia. It includes behavioral and mental health care, diagnostic tests, surgery, prescriptions, medications, advice, therapy, and related supplies.

New rules on out-of-state subpoenas

To issue a Virginia subpoena from an out‑of‑state case, the requester must file the foreign subpoena, a reciprocity statement, and a sworn attestation saying if it seeks protected‑health‑care information. If the attestation is missing, the clerk sends it to a judge, who must quash it unless it clearly does not seek protected‑care information; narrow exceptions apply for certain similar damages claims or enforceable contract documents. Clerks promptly issue compliant subpoenas and include all lawyers’ and unrepresented parties’ contact details. Asking the clerk is not a court appearance, and only circuit court clerks may issue these subpoenas. This adds privacy checks for protected care but also streamlines service of other foreign subpoenas.

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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