Evidence; establishes that a party or potential litigant has a duty to preserve. (SB1619)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Spoliation of evidence. Establishes that a party or potential litigant has a duty to preserve evidence that may be relevant to reasonably foreseeable litigation. The bill further provides that a court (i) upon finding prejudice to another party from loss, disposal, alteration, concealment, or destruction of such evidence, may order measures no greater than necessary to cure the prejudice, or (ii) only upon finding that the party acted recklessly or with the intent to deprive another party of the evidence's use in the litigation, may (a) presume that the evidence was unfavorable to the party, (b) instruct the jury that it may or shall presume that the evidence was unfavorable to the party, or (c) dismiss the action or enter a default judgment. The bill further provides that no independent cause of action for negligent or intentional spoliation of evidence is created. Read the Bill »

Status

03/21/2019: Awaiting a Vote in the Courts of Justice Committee

History

DateAction
01/09/2019Prefiled and ordered printed; offered 01/09/19 19102920D
01/09/2019Referred to Committee for Courts of Justice
01/23/2019Reported from Courts of Justice (15-Y 0-N) (see vote tally)
01/25/2019Constitutional reading dispensed (38-Y 1-N) (see vote tally)
01/28/2019Read second time and engrossed
01/29/2019Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/04/2019Placed on Calendar
02/04/2019Read first time
02/04/2019Referred to Committee for Courts of Justice
02/08/2019Assigned Courts sub: Subcommittee #2
02/11/2019Subcommittee recommends reporting (8-Y 0-N)
02/18/2019House committee, floor amendments and substitutes offered
02/18/2019Reported from Courts of Justice with amendment (16-Y 0-N) (see vote tally)
02/19/2019Read second time
02/20/2019Read third time
02/20/2019Committee amendment agreed to
02/20/2019Engrossed by House as amended
02/20/2019Passed House with amendment BLOCK VOTE (100-Y 0-N)
02/20/2019VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/21/2019House amendment rejected by Senate (1-Y 39-N) (see vote tally)
02/21/2019House insisted on amendment
02/21/2019House requested conference committee
02/21/2019Senate acceded to request (39-Y 0-N) (see vote tally)
02/21/2019Conferees appointed by Senate
02/21/2019Senators: Obenshain, Petersen, Stuart
02/21/2019Conferees appointed by House
02/21/2019Delegates: Leftwich, Campbell, J.L., Bourne
02/23/2019C Amended by conference committee
02/23/2019Conference substitute printed 19107523D-S1
02/23/2019Conference report agreed to by House (95-Y 0-N)
02/23/2019VOTE: ADOPTION (95-Y 0-N) (see vote tally)
02/23/2019Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
03/07/2019Enrolled
03/07/2019Bill text as passed Senate and House (SB1619ER)
03/07/2019Signed by Speaker
03/09/2019Signed by President
03/11/2019Enrolled Bill Communicated to Governor on March 11, 2019
03/11/2019G Governor's Action Deadline Midnight, March 26, 2019

Post a Public Comment About this Bill



if you have one


(Limited HTML is OK: <a>, <em>, <strong>, <s>)