Domestic relations cases; invocation of constitutional rights, adverse inference.
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SB 433 — Domestic relations cases; invocation of constitutional rights, adverse inference.
Last action — Approved by Governor-Chapter 1062 (effective 7/1/20)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 07, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
9 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Invocation of constitutional rights in domestic relations cases; adverse inference. Allows the trier of fact in a civil domestic relations proceeding to draw an adverse inference if a party or witness in such a proceeding refuses to answer a question regarding adultery on the grounds that such testimony might be self-incriminating.
Bill Text
- Acts of Assembly Chapter text (CHAP1062) View text Current html April 10, 2020
- Bill text as passed Senate and House (SB433ER) View text html March 18, 2020
- Committee Substitute Engrossed by House - committee substitute SB433H1 html February 28, 2020
- Committee Substitute Engrossed by Senate - committee substitute SB433S1 html February 10, 2020
- Committee Substitute Engrossed by Senate - committee substitute SB433S1 html January 07, 2020
Action History
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Approved by Governor-Chapter 1062 (effective 7/1/20)
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Governor's Action Deadline 11:59 p.m., April 11, 2020
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Enrolled Bill Communicated to Governor on March 20, 2020
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Signed by Speaker
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Signed by President
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Enrolled
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VOTE: Adoption (92-Y 0-N)
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Conference report agreed to by House (92-Y 0-N)
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Passed by temporarily
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Conference report agreed to by Senate (39-Y 0-N)
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (39-Y 1-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate (6-Y 34-N)
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VOTE: Block Vote Passage (98-Y 0-N)
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Passed House with substitute BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute SB433H1
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Committee substitute agreed to 20109024D-H1
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Read third time
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Read second time
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Committee substitute printed 20109024D-H1
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Reported from Courts of Justice with substitute (21-Y 0-N)
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Subcommittee recommends reporting with substitute (7-Y 0-N)
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Assigned Courts sub: Civil
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Referred to Committee for Courts of Justice
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Read first time
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Placed on Calendar
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Passed Senate (40-Y 0-N)
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Constitutional reading dispensed (40-Y 0-N)
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Engrossed by Senate - committee substitute SB433S1
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Committee substitute agreed to 20106931D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (40-Y 0-N)
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Reported from Judiciary with substitute (8-Y 5-N)
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Committee substitute printed 20106931D-S1
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Moved from Courts of Justice to Judiciary due to a change of the committee name
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Referred to Committee on the Judiciary
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Prefiled and ordered printed; offered 01/08/20 20100956D
Sponsors
- Scott A. Surovell · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 30 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 91 | 0 | 0 | 8 |
| Total | 91 | 0 | 0 | 8 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 34 | 0 | 0 |
| Total | 6 | 34 | 0 | 0 |
| % of votes cast | 15% | 85% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 97 | 0 | 0 | 2 |
| Total | 97 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 0 | 0 | 1 |
| Total | 21 | 0 | 0 | 1 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Lindsey, Joseph C. | — | Not Voting |
| Collins, Christopher E. | — | Yea |
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Carroll Foy, Jennifer D. | — | Yea |
| Charniele L. Herring | — | Yea |
| Don Scott | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Karrie K. Delaney | — | Yea |
| Levine, Mark H. | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Mullin, Michael P. | — | Yea |
| Patrick A. Hope | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Vivian E. Watts | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 2 |
| Total | 7 | 0 | 0 | 2 |
| % of votes cast | 78% | 0% | 0% | 22% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Bourne, Jeffrey M. | — | Yea |
| Charniele L. Herring | — | Not Voting |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Not Voting |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Patrick A. Hope | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 5 | 0 | 0 |
| Total | 8 | 5 | 0 | 0 |
| % of votes cast | 62% | 38% | 0% | 0% |
How each member voted (13)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Chafin, A. Benton "Ben" | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| William M. Stanley, Jr. | — | Nay |
Subjects
Frequently asked questions
- What does SB 433 do?
- Invocation of constitutional rights in domestic relations cases; adverse inference. Allows the trier of fact in a civil domestic relations proceeding to draw an adverse inference if a party or witness in such a proceeding refuses to answer a question regarding adultery on the grounds that such testimony might be self-incriminating.
- Who sponsors SB 433?
- SB 433 is sponsored by Scott A. Surovell.
- What is the current status of SB 433?
- This bill has been enacted into law. Introduced January 07, 2020. Enacted.
- Where can I track SB 433?
- Track SB 433 free on One Click Politics — get push/email alerts when it moves.
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