Spoliation of evidence; jury instruction. (HB1336)
Introduced By
Progress
✓ |
Introduced |
✗ |
Passed Committee |
✓ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
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 »
Outcome
History
Date | Action |
---|---|
01/10/2018 | Committee |
01/10/2018 | Presented and ordered printed 18104848D |
01/10/2018 | Referred to Committee for Courts of Justice |
01/18/2018 | Assigned Courts sub: Subcommittee #2 |
01/26/2018 | Subcommittee recommends reporting (6-Y 1-N) |
02/05/2018 | Reported from Courts of Justice (18-Y 0-N) (see vote tally) |
02/07/2018 | Read first time |
02/08/2018 | Read second time and engrossed |
02/09/2018 | Read third time and passed House BLOCK VOTE(99-Y 0-N) |
02/09/2018 | Read third time and passed House BLOCK VOTE (99-Y 0-N) |
02/09/2018 | VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (see vote tally) |
02/12/2018 | Constitutional reading dispensed |
02/12/2018 | Referred to Committee for Courts of Justice |
02/26/2018 | Reported from Courts of Justice with substitute (12-Y 3-N) (see vote tally) |
02/26/2018 | Committee substitute printed 18107639D-S1 |
02/27/2018 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
02/28/2018 | Passed by for the day |
03/01/2018 | Passed by for the day |
03/02/2018 | Passed by for the day |
03/05/2018 | Read third time |
03/05/2018 | Committee substitute rejected 18107639D-S1 |
03/05/2018 | Reading of substitute waived |
03/05/2018 | Floor substitute printed 18107938D-S2 (Petersen) |
03/05/2018 | Pending question ordered (21-Y 19-N) (see vote tally) |
03/05/2018 | Substitute by Senator Petersen rejected 18107938D-S2 (14-Y 26-N) (see vote tally) |
03/05/2018 | Motion to recommit to committee agreed to |
03/05/2018 | Recommitted to Courts of Justice |
03/10/2018 | Left in Courts of Justice |