Bill Text: VA HB1440 | 2023 | Regular Session | Chaptered
Bill Title: Finding of guilt in absentia; proof of such finding in a civil action.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-22 - Governor: Acts of Assembly Chapter text (CHAP0278) [HB1440 Detail]
Download: Virginia-2023-HB1440-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-418 of the Code of Virginia is amended and reenacted as follows:
§8.01-418. When plea of guilty or nolo contendere, finding of guilt in absentia, or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea, finding, or forfeiture.
Whenever, in any civil action, it is contended that any party
thereto pled guilty or nolo contendere or, was found guilty in
absentia, or suffered a forfeiture in a prosecution for a criminal offense
or traffic infraction which arose out of the same occurrence upon which the
civil action is based, evidence of said plea, finding, or forfeiture as
shown by the records of the criminal court shall be admissible. Where the
records of the court in which such prosecution was had are silent or ambiguous
as to whether or not such plea or finding was made or forfeiture
occurred, the court hearing the civil case shall admit such evidence on
the question of such plea, finding, or forfeiture as may be relevant,
and the question of whether such plea or finding was made or forfeiture
suffered shall be a question for the court to determine.
