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Bill > SB1098


VA SB1098

VA SB1098
Protected health care activity; prohibition on extradition.


summary

Introduced
01/07/2025
In Committee
02/06/2025
Crossed Over
02/03/2025
Passed
Dead
02/22/2025

Introduced Session

2025 Regular Session

Bill Summary

Protected health care activities; prohibition on extradition for certain crimes. 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. Protected health care activity is defined in the bill as the provision or receipt, attempted provision or receipt, or assistance or attempted assistance in the provision or receipt of any health care that is lawful in the Commonwealth by a health care provider licensed under the laws of the Commonwealth and physically present in the Commonwealth.

AI Summary

This bill establishes new protections for reproductive and gender-affirming healthcare in Virginia by creating restrictions on extradition for individuals facing criminal charges related to protected health care activities. The bill defines "protected health care activity" as healthcare services that are legal in Virginia and provided by a licensed healthcare professional physically present in the state. Under the new law, the Governor cannot recognize extradition demands from other states for criminal violations involving protected health care activities unless the alleged offense would also be considered a crime in Virginia. The bill includes specific provisions requiring any extradition demand to include a detailed, sworn attestation about the circumstances of the alleged offense, and provides a presumption that a person was not in the demanding state if they affirm under oath that they were in Virginia at the time of the alleged offense. Additionally, the bill allows for the challenge of extradition demands through local courts, with the burden of proof on the demanding state to provide clear and convincing evidence that the person was actually present in their jurisdiction when the alleged offense occurred. The legislation aims to protect individuals seeking or providing reproductive and gender-affirming healthcare from potential legal persecution from states with more restrictive laws.

Committee Categories

Health and Social Services, Justice

Sponsors (1)

Last Action

Left in Courts of Justice (on 02/18/2025)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20251/SB1098
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1098) https://lis.blob.core.windows.net/files/1047714.PDF
Fiscal Note/Analysis - Impact statement from VCSC (SB1098) https://lis.blob.core.windows.net/files/1043517.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1098/text/SB1098S2
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB1098) https://lis.blob.core.windows.net/files/1029610.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1098/text/SB1098S1
Fiscal Note/Analysis - Impact statement from VCSC (SB1098) https://lis.blob.core.windows.net/files/1025847.PDF
BillText https://lis.virginia.gov/bill-details/20251/SB1098/text/SB1098SC1
BillText https://lis.virginia.gov/bill-details/20251/SB1098/text/SB1098
Fiscal Note/Analysis - Impact statement from VCSC (SB1098) https://lis.blob.core.windows.net/files/1018098.PDF
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