Subcommittee backs bill banning live social-media streaming while driving, 9–1

Delegate Cole introduced HB 320, telling the subcommittee that the bill “specifically bans live streaming to social media while driving.” He emphasized it is a secondary offense and is not intended to duplicate existing prohibitions on holding a phone, texting, or watching a screen.

Christian Pettway of DriveSmart Virginia testified in support, saying live streaming while driving “glorifies dangerous driving” and urging the committee to give law enforcement tools to address the behavior. Ken Chippen of the Virginia State Police said the State Police had no formal position but offered to answer technical questions about enforcement.

Committee counsel and Chippen focused on practical evidentiary questions. Counsel noted the statute protects against warrantless searches under the standard set in Riley v. California but raised concerns about whether officers might seize phones to obtain evidence that a live stream occurred while driving. Chippen said officers could seize a phone only when there is an exception to the warrant requirement (for example, to prevent imminent destruction of evidence) and that, in practice, investigators often can locate platform-hosted video timestamps after the fact.

Members pressed on enforcement mechanics and scope. Several delegates pointed out that the bill applies to a “moving motor vehicle” and therefore would not criminalize a person who begins streaming after they have stopped. Others asked why the offense was secondary rather than primary; the patron said the bill aligns with enforcement policy set in prior sessions.

After discussion, the subcommittee moved and seconded a report on HB 320. The motion carried by a roll call vote of 9 to 1, sending the bill to the full committee.

What’s next: HB 320 advances to the full House Courts of Justice Committee for further consideration.