Driving under influence of alcohol; exemplary damages, etc. (SB1112)

Introduced By

Sen. Ryan McDougle (R-Mechanicsville) with support from co-patron Sen. Scott Surovell (D-Mount Vernon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Under current law, only the defendant's BAC at the time of the incident is considered. Results of a blood or breath test used for a DUI conviction are admissible for the purpose of showing willful and wanton conduct, and the certificate of analysis and a certified copy of the conviction are prima facie evidence of the conviction and the defendant's BAC. Read the Bill »


Bill Has Passed


01/09/2013Prefiled and ordered printed; offered 01/09/13
01/09/2013Prefiled and ordered printed; offered 01/09/13 13101826D
01/09/2013Referred to Committee for Courts of Justice
02/01/2013Reported from Courts of Justice with substitute (8-Y 4-N) (see vote tally)
02/01/2013Committee substitute printed 13104773D-S1
02/04/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2013Read second time
02/05/2013Reading of substitute waived
02/05/2013Committee substitute agreed to 13104773D-S1
02/05/2013Engrossed by Senate - committee substitute SB1112S1
02/05/2013Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/05/2013Passed Senate (35-Y 5-N) (see vote tally)
02/11/2013Placed on Calendar
02/11/2013Read first time
02/11/2013Referred to Committee for Courts of Justice
02/11/2013Assigned Courts sub: #2 Civil
02/15/2013Subcommittee recommends reporting (9-Y 0-N)
02/18/2013Reported from Courts of Justice with amendments (17-Y 1-N) (see vote tally)
02/19/2013Read second time
02/20/2013Read third time
02/20/2013Committee amendments agreed to
02/20/2013Engrossed by House as amended SB1112
02/20/2013Passed House with amendments (94-Y 0-N)
02/20/2013VOTE: PASSAGE (94-Y 0-N) (see vote tally)
02/21/2013House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
02/23/2013Bill text as passed Senate and House (SB1112ER)
02/23/2013Signed by President
02/23/2013Signed by Speaker
03/20/2013G Approved by Governor-Chapter 636 (effective 7/1/13)
03/20/2013G Acts of Assembly Chapter text (CHAP0636)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.