Be it enacted by the General Assembly of Virginia:
1. That §32.1-269.1 of the Code of Virginia is amended and reenacted as follows:
§32.1-269.1. Amending death certificates; change and correction of demographic information by affidavit or court order.
A. Notwithstanding §32.1-276, a death certificate registered under this chapter may be amended only in accordance with this section and such regulations as may be adopted by the Board to protect the integrity and accuracy of such death certificate. Such regulations shall specify the minimum evidence required for a change in any such death certificate.
B. A death certificate that is amended under this section shall be marked "amended," and the date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the death certificate. The Board shall prescribe by regulation the conditions under which omissions or errors on death certificates may be corrected.
C. The State Registrar, upon receipt of an affidavit and
supporting evidence testifying to corrected information on a death certificate
within 45 days of the [ death of a decedent filing of a
death certificate ] , shall amend such death certificate to reflect the
new information and evidence.
D. The State Registrar, upon receipt of an affidavit and supporting evidence testifying to corrected information on a death certificate after 45 days of the filing of a death certificate, including the correct spelling of the name of the deceased, the deceased's parent or spouse, or the informant; the sex, age, race, date of birth, place of birth, citizenship, social security number, education, occupation or kind or type of business, military status, or date of death of the deceased; the place of residence of the deceased, if located within the Commonwealth; the name of the institution; the county, city, or town where the death occurred; or the street or place where the death occurred, shall amend such death certificate to reflect the new information and evidence.
D. E. For death certificate amendments
received after 45 days of the filing of a death certificate, other than the
correction of information by the State Registrar pursuant to subsection C
D, the surviving spouse or immediate family, as defined by the regulations
of the Board, of the deceased; attending funeral service licensee; or other
reporting source may file a petition with the circuit court of the county or
city in which the decedent resided as of the date of his death, or the Circuit
Court of the City of Richmond, requesting an order to amend a death
certificate, along with an affidavit sworn to under oath that supports such
request. A copy of the petition shall be served upon (i) the State Registrar
pursuant to Chapter 8 (§8.01-285 et seq.) of Title 8.01 and (ii) any person
listed as an informant on the death certificate, unless such person provides an
affidavit in support of such petition. The clerk shall submit such petition and
any evidence received with the petition to the judge for entry of an order
without the necessity of a hearing, unless the judge decides a hearing is
necessary. The clerk shall transmit a certified copy of the court's order to
the State Registrar, who shall amend such death certificate in accordance with
the order. The matters for which a petition may be filed include changing the
name of the deceased, the deceased's parent or spouse, or the informant; the
marital status of the deceased; or the place of residence of the deceased, when
the place of residence is outside the Commonwealth.
E. F. When an applicant, as defined by the
regulations of the Board, does not submit the minimum documentation required by
regulation to amend a death certificate or when the State Registrar finds
reason to question the validity or sufficiency of the evidence, the death
certificate shall not be amended and the State Registrar shall so advise the
applicant. An aggrieved applicant may petition the circuit court of the county
or city in which he resides, or the Circuit Court of the City of Richmond, for
an order compelling the State Registrar to amend the death certificate; an
aggrieved applicant who is currently residing out of state may petition any
circuit court in the Commonwealth for such an order. A copy of the petition
shall be served upon (i) the State Registrar pursuant to Chapter 8 (§8.01-285
et seq.) of Title 8.01 and (ii) any person listed as an informant on the death
certificate, unless such person provides an affidavit in support of such
petition. The clerk shall submit such petition and any evidence received with
the petition to the judge for entry of an order without the necessity of a
hearing, unless the judge decides a hearing is necessary. The State Registrar
or his authorized representative may appear and testify in such proceeding. The
clerk shall transmit a certified copy of the court's order to the State
Registrar, who shall amend such death certificate in accordance with the order.