SB 1012 Virginia Senate · 2025 Regular Session

Motor vehicle collisions; collection of certain mobile telephone data, collision reports.

Summary
Motor vehicle collisions; collection of certain mobile telephone data; collision reports. Requires that a law-enforcement officer include on any collision report the mobile telephone number, mobile telephone provider, and International Mobile Equipment Identity (IMEI) number for any driver involved in a motor vehicle collision. The bill allows an attorney who has certified that he represents a person injured in a motor vehicle collision to request in writing that the mobile telephone provider of the alleged tortfeasor preserve for a period of four years from the date of such collision certain information related to the mobile telephone of such alleged tortfeasor. The bill also allows such attorney to request in writing that the alleged tortfeasor preserve certain mobile telephone information for a period of three years from the date of such collision for the purpose of anticipated litigation. The bill also creates a rebuttable presumption of spoliation of evidence where an alleged tortfeasor fails to preserve mobile telephone records or provide the required information for a collision report. Finally, the bill requires, upon request from such attorney, the alleged tortfeasor's auto insurance company utilizing a telematics application to advise such attorney of the existence of such telematics application data and to preserve and provide such data upon such attorney's request.
Bill status died 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 7, 2025 Last action Jan 27, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Courts of Justice Substitute Offered · 6 edits
MODERATE
This bill was amended from its original introduction to a substitute version offered by the Senate Committee for Courts of Justice. The substantive policy content regarding mobile phone data preservation and collision reporting remains largely the same, but several technical and procedural details were modified. The key changes involve adjustments to data retention periods, clarification of when preservation duties begin, and formatting updates for the legislative document.
Scope change
The bill's scope and applicability remain unchanged - it still applies to motor vehicle collisions in Virginia involving injury, death, or significant property damage.
TIMELINE

The mobile phone data preservation period was changed from three years to four years in the main request section, though the insurance telematics data remains at three years.

REQUIREMENT

Clarified that attorneys must certify representation to the mobile phone provider before requesting data preservation, rather than just certifying representation generally.

Added specific language clarifying that failure to preserve data creates a rebuttable presumption sufficient for courts to proceed with spoliation sanctions.

TECHNICAL

Updated terminology from 'call history' to 'call logs' and 'text message history' to 'text message logs' for consistency with industry standards.

Changed the retention requirement language from 'produced within four years upon receipt of subpoena' to 'retained in the event that records are subpoenaed or otherwise requested to be produced within four years of receipt'.

Added 'DRAFT' and date stamps to the document header indicating this is a substitute version offered for consideration on January 27, 2025.

Floor votes

How they voted

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Full legislative history

Actions timeline

Total actions
4
Key actions
0
Committee
2
Jan 27, 2025
Committee
Failed to report from Courts of Justice with substitute (7-Y 7-N)
upper
Jan 7, 2025
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Scott Surovell
Scott Surovell
DDemocratic
VA
34