SB908: Parental rights; fundamental right to make decisions concerning upbringing, etc., of their child.


SENATE BILL NO. 908
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on February 18, 2013)
(Patron Prior to Substitute--Senator Reeves)
A BILL to amend the Code of Virginia by adding a section numbered 1-240.1, relating to rights of parents.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 1-240.1 as follows:

§ 1-240.1. Rights of parents.

A parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child.

2. That it is the expressed intent of the General Assembly that this act codify the opinion of the Supreme Court of Virginia in L.F. v. Breit, issued on January 10, 2013, as it relates to parental rights.


SENATE BILL NO. 908
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on January 28, 2013)
(Patron Prior to Substitute--Senator Reeves)
A BILL to amend the Code of Virginia by adding a section numbered 1-240.1, relating to rights of parents.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 1-240.1 as follows:

§ 1-240.1. Rights of parents.

A parent has a fundamental right to direct the upbringing, education, and care of the parent's child.

2. That the provisions of this act are declarative of existing law.

SENATE BILL NO. 908

Offered January 9, 2013
Prefiled January 4, 2013
A BILL to amend the Code of Virginia by adding a section numbered 1-240.1, relating to rights of parents.
Patron-- Reeves

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 1-240.1 as follows:

1-240.1. Rights of parents.

A. The liberty of a parent to direct the upbringing, education, and care of the parent's child is a fundamental right. The Commonwealth, any instrumentality thereof, or any locality shall not infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

B. The provisions of this section shall apply to any statute, local ordinance, rule of court, or regulation and the implementation of such statute, ordinance, rule, or regulation regardless of whether such statute, ordinance, rule, or regulation was adopted or effective prior to or after July 1, 2013. A statute enacted after July 1, 2013, is subject to the provisions of this section unless the statute expressly excludes such application by reference to this section.