Spoliation of evidence; jury instruction. (HB1336)

Introduced By

Del. Greg Habeeb (R-Salem)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Spoliation of evidence; jury instruction. Provides that if a party has possession, custody, or control of evidence, as specified in the bill, that such party knows or reasonably should know may be material to pending or probable litigation, and such evidence is disposed of, altered, concealed, destroyed, or not preserved by such party, a court may instruct that a jury may infer that, if such evidence had been introduced, such evidence would be detrimental to the case of such party. The bill further provides that the party seeking such instruction need not show that the disposal of, alteration of, concealing of, or failure to preserve such evidence was undertaken intentionally or in bad faith in order for such instruction to be given. The bill serves to overrule a portion of the Supreme Court of Virginia's decision in Emerald Point, LLC v. Hawkins, 2017 Va. Lexis 197. Read the Bill »


Bill Has Failed


01/10/2018Presented and ordered printed 18104848D
01/10/2018Referred to Committee for Courts of Justice
01/18/2018Assigned Courts sub: Subcommittee #2
01/26/2018Subcommittee recommends reporting (6-Y 1-N)
02/05/2018Reported from Courts of Justice (18-Y 0-N) (see vote tally)
02/07/2018Read first time
02/08/2018Read second time and engrossed
02/09/2018Read third time and passed House BLOCK VOTE(99-Y 0-N)
02/09/2018Read third time and passed House BLOCK VOTE (99-Y 0-N)
02/09/2018VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally)
02/12/2018Constitutional reading dispensed
02/12/2018Referred to Committee for Courts of Justice
02/26/2018Reported from Courts of Justice with substitute (12-Y 3-N) (see vote tally)
02/26/2018Committee substitute printed 18107639D-S1
02/27/2018Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/28/2018Passed by for the day
03/01/2018Passed by for the day
03/02/2018Passed by for the day
03/05/2018Read third time
03/05/2018Committee substitute rejected 18107639D-S1
03/05/2018Reading of substitute waived
03/05/2018Floor substitute printed 18107938D-S2 (Petersen)
03/05/2018Pending question ordered (21-Y 19-N) (see vote tally)
03/05/2018Substitute by Senator Petersen rejected 18107938D-S2 (14-Y 26-N) (see vote tally)
03/05/2018Motion to recommit to committee agreed to
03/05/2018Recommitted to Courts of Justice
03/10/2018Left in Courts of Justice


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 42 seconds.