Senate Bill 1412 was enacted during the 2025 Regular Session of the General Assembly to address challenges faced by both criminal and civil stakeholders in obtaining out-of-state electronic records for use in Virginia proceedings. In addition to addressing these challenges, this bill also required the Crime Commission and the Joint Commission on Technology and Science to conduct a study related to Virginia’s laws on electronic records. This study found that:

• Senate Bill 1412 addressed concerns with obtaining electronic records being stored out-of-state by businesses operating in Virginia;

• Electronic records can be stored anywhere in the world;

• Virginia has the same definition for “electronic record" as used in 48 other states;

• Virginia has enacted state law equivalents of certain federal statutes that allow the government to obtain out-of-state electronic records;

• Some companies have established portals for receiving requests for electronic records from law enforcement;

• Sharing electronics records with criminal defense counsel poses various challenges; and,

• Evolutions in technology, such as encrypted records and cryptocurrency, present challenges to obtaining electronic records. Further study could be conducted on how to address evolving challenges, such as encrypted records and cryptocurrency.