NORFOLK, Va. — Lawmakers proposed Senate Bill 852 to the General Assembly in the 2023 legislative session, which calls for the prohibition of law enforcement to access personal menstrual cycle data when conducting search warrants.
Essentially, Virginia's code does not prohibit any information from law enforcement access regarding a search warrant.
People often track their menstrual cycles using apps on their phones that map out their symptoms, when their cycle will begin, and more.
13News Now asked people how they feel about law enforcement having access to this part of their personal information. While some said they’re indifferent, others disagree with the idea.
"It's nobody's business of what I'm going through at the moment," said one woman walking through Norfolk.
"I don't feel human," said Bridget Walsh from Norfolk. "Like, it feels like I don't get to be myself... make my own decisions, even."
State Senator Barbara Favola (D-31st District) introduced the bill over concerns about personal privacy, following the Supreme Court's overturning of Roe v. Wade. Favola said apps used to store menstrual data are not covered by HIPAA, the federal privacy law protecting health information, which is another reason she said she proposed the bill.
"So many states have passed very restrictive bans on abortion and many women are concerned and they are asking lawmakers, --myself, and others -- to take steps to protect their privacy," said Favola.
The bill fell through in a House subcommittee after Governor Glenn Youngkin pushed back on the proposed changes.
We asked Youngkin's office why he opposed this bill. A spokeswoman for the governor sent 13News Now this statement:
“Democrats are deliberately distorting the problems with this bill to distract Virginians from the fact that they chose to stand with fentanyl dealers over victims' families.
Judges in Virginia have discretion to issue search warrants to protect victims and serve justice. Our concern was that this would set a precedent in the commonwealth for what information is available via search warrant. Currently, our code places no limit on what information could be requested via search warrant.
This administration supports victims and we support criminals being held responsible for their actions. We want to give prosecutors all of the tools available to prosecute crimes, which includes requesting and receiving information used as evidence during trial."
We asked the spokeswoman why she referred to the fentanyl bill Virginia Senate Democrats shot down during the legislative session, but she did not respond to our follow-up question.
In response to Governor Youngkin's spokeswoman's statement, Favola said, "The only reason someone would issue a search warrant would be in a criminal case and I don't want to have menstrual health data to be used to criminalize women if they may have had an abortion."
Youngkin's proposal for a 15-week abortion ban did not make it out of the House or Senate. It would not have included penalties for patients.
Favola said she plans to re-introduce this bill in next year's legislative session.