Friday, November 21, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB720: Criminal pleas; Alford pleas in criminal cases inadmissible in civil actions.
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 or forfeiture in criminal prosecution or traffic case admissible in civil action; proof of such plea.
Whenever, in any civil action, it is contended that any party
thereto pled guilty, except when a defendant maintains his innocence despite pleading guilty, or nolo
contendere 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 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
was made or forfeiture occurred the court hearing the civil case shall admit
such evidence on the question of such plea or forfeiture as may be relevant,
and the question of whether such plea was made or forfeiture suffered shall be
a question for the court to determine.
Additional Data
Explanation
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