HOUSE BILL NO. 2063 Offered January 10, 2007 Prefiled January 8, 2007 A BILL to amend the Code of Virginia by adding a section numbered 8.01-418.4, relating to the admissibility of expressions of sympathy in civil actions. ---------- Patron-- Cox ---------- Committee Referral Pending ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 8.01-418.4 as follows:

§ 8.01-418.4. Admissibility of expressions of sympathy.

A. In any civil action, or in any arbitration related to such civil action, the portion of statements, writings, affirmations, benevolent conduct, or benevolent gestures expressing sympathy or general sense of benevolence that are made by a defendant or an agent of a defendant to the plaintiff, a relative of the plaintiff, or a representative of the plaintiff shall be inadmissible as evidence of an admission of liability or as evidence of an admission against interest. A statement of fault that is part of or in addition to any of the above shall not be made inadmissible by this section.

B. For purposes of this section, unless the context otherwise requires:

"Relative" means the plaintiff's spouse, parent, grandparent, stepfather, stepmother, child, grandchild, brother, sister, half-brother, half-sister, or spouse's parents. In addition, "relative" includes any person who has a family-type relationship with the plaintiff.

"Representative" means a legal guardian, attorney, person designated to make decisions on behalf of a patient under a medical power of attorney, or any person recognized in law or custom as the plaintiff's agent.