VA HB1336 | 2018 | Regular Session
Status
Spectrum: Partisan Bill (Republican 1-0)
Status: Engrossed on February 8 2018 - 50% progression, died in committee
Action: 2018-03-10 - Left in Courts of Justice
Pending: Senate Courts of Justice Committee
Text: Latest bill text (Amended) [HTML]
Status: Engrossed on February 8 2018 - 50% progression, died in committee
Action: 2018-03-10 - Left in Courts of Justice
Pending: Senate Courts of Justice Committee
Text: Latest bill text (Amended) [HTML]
Summary
Spoliation of evidence; jury instruction. Provides that if a party has possession, custody, or control of evidence, as specified in the bill, that such party knows or reasonably should know may be material to pending or probable litigation, and such evidence is disposed of, altered, concealed, destroyed, or not preserved by such party, a court may instruct that a jury may infer that, if such evidence had been introduced, such evidence would be detrimental to the case of such party. The bill further provides that the party seeking such instruction need not show that the disposal of, alteration of, concealing of, or failure to preserve such evidence was undertaken intentionally or in bad faith in order for such instruction to be given. The bill serves to overrule a portion of the Supreme Court of Virginia's decision in Emerald Point, LLC v. Hawkins, 2017 Va. Lexis 197.
Title
Spoliation of evidence; jury instruction.
Sponsors
Roll Calls
2018-03-05 - Senate - Senate: Substitute by Senator Petersen rejected 18107938D-S2 (14-Y 26-N) (Y: 14 N: 26 NV: 0 Abs: 0) [FAIL]
2018-03-05 - Senate - Senate: Pending question ordered (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2018-02-27 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2018-02-26 - Senate - Senate: Reported from Courts of Justice with substitute (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2018-02-09 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 99 N: 0 NV: 1 Abs: 0) [PASS]
2018-02-05 - House - House: Reported from Courts of Justice (18-Y 0-N) (Y: 18 N: 0 NV: 0 Abs: 0) [PASS]
2018-01-26 - House - House: Subcommittee recommends reporting (6-Y 1-N) (Y: 6 N: 1 NV: 1 Abs: 0) [PASS]
2018-03-05 - Senate - Senate: Pending question ordered (21-Y 19-N) (Y: 21 N: 19 NV: 0 Abs: 0) [PASS]
2018-02-27 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2018-02-26 - Senate - Senate: Reported from Courts of Justice with substitute (12-Y 3-N) (Y: 12 N: 3 NV: 0 Abs: 0) [PASS]
2018-02-09 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 99 N: 0 NV: 1 Abs: 0) [PASS]
2018-02-05 - House - House: Reported from Courts of Justice (18-Y 0-N) (Y: 18 N: 0 NV: 0 Abs: 0) [PASS]
2018-01-26 - House - House: Subcommittee recommends reporting (6-Y 1-N) (Y: 6 N: 1 NV: 1 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2018-03-10 | Senate | Left in Courts of Justice |
| 2018-03-05 | Senate | Recommitted to Courts of Justice |
| 2018-03-05 | Senate | Motion to recommit to committee agreed to |
| 2018-03-05 | Senate | Substitute by Senator Petersen rejected 18107938D-S2 (14-Y 26-N) |
| 2018-03-05 | Senate | Pending question ordered (21-Y 19-N) |
| 2018-03-05 | Senate | Floor substitute printed 18107938D-S2 (Petersen) |
| 2018-03-05 | Senate | Reading of substitute waived |
| 2018-03-05 | Senate | Committee substitute rejected 18107639D-S1 |
| 2018-03-05 | Senate | Read third time |
| 2018-03-02 | Senate | Passed by for the day |
| 2018-03-01 | Senate | Passed by for the day |
| 2018-02-28 | Senate | Passed by for the day |
| 2018-02-27 | Senate | Constitutional reading dispensed (40-Y 0-N) |
| 2018-02-26 | Senate | Committee substitute printed 18107639D-S1 |
| 2018-02-26 | Senate | Reported from Courts of Justice with substitute (12-Y 3-N) |
| 2018-02-12 | Senate | Referred to Committee for Courts of Justice |
| 2018-02-12 | Senate | Constitutional reading dispensed |
| 2018-02-09 | House | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) |
| 2018-02-09 | House | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
| 2018-02-08 | House | Read second time and engrossed |
| 2018-02-07 | House | Read first time |
| 2018-02-05 | House | Reported from Courts of Justice (18-Y 0-N) |
| 2018-01-26 | House | Subcommittee recommends reporting (6-Y 1-N) |
| 2018-01-18 | House | Assigned Courts sub: Subcommittee #2 |
| 2018-01-10 | House | Referred to Committee for Courts of Justice |
| 2018-01-10 | House | Presented and ordered printed 18104848D |
