Be it enacted by the General Assembly of Virginia:

1.  §1. Notwithstanding the provisions of § 2.2-2708 of the Code of Virginia, and in accordance with Chapter 404 of the Acts of Assembly of 2009, the names and homes of record of patriotic Virginians who rendered faithful military service and paid the ultimate sacrifice in the cause of freedom and liberty for the Commonwealth and the nation shall be engraved on the walls of the Virginia War Memorial Shrine of Memory subject to the following criteria:

1. The deceased service member shall be a Virginian based upon official state of residency as listed on U.S. Department of Defense documents. However, the Virginia War Memorial Foundation Board of Trustees may also, under extraordinary circumstances and within the full discretion of the Board, determine that the service member is a Virginian based on place of birth, longtime residency, or other substantial ties to the Commonwealth independent of the residency status listed on U.S. Department of Defense documents; and

2. The deceased service member shall have died while serving on active duty in the uniformed armed forces in a U.S. Department of Defense designated combat zone under honorable conditions or shall have been designated "Missing in Action" and presumed dead. For purposes of this act, "uniformed armed forces" shall include active-duty members of the Army, Navy, Air Force, Marine Corps, Coast Guard, Reserve elements of any such branches, and National Guard when mobilized for qualifying service.

[ 3. Nothing herein shall be construed to prohibit the Governor from establishing criteria for those names to be engraved on the walls of the Virginia War Memorial Shrine of Memory that is less restrictive than the criteria set forth above. ]