Virginia 2020, 1st Special Session Status: In Committee

SB 5098 — COVID-19 virus; immunity from civil claims related to the transmission of or exposure to the virus.

Last action — Passed by indefinitely in Judiciary (7-Y 5-N 1-A)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020, 1st Special Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Immunity from civil claims related to the transmissionof or exposure to the COVID-19 virus and uses of personal protectiveequipment; emergency. Provides immunity to persons, as definedin the bill, from civil causes of action arising from any act oromission alleged to have resulted in the contraction of or exposureto the COVID-19 virus. The bill further provides immunity to personswho design, manufacture, label, or distribute any personal protectiveequipment in response to the COVID-19 virus from any civil causeof action arising out of the use of such equipment. The bill containsan emergency clause, and the immunities provided by such bill expiretwo years after the expiration or revocation of all states of emergencydeclared by the Governor related to the COVID-19 pandemic.

Bill Text

What changed in the latest version

30 added · 56 removed

Plain-language change summary

The amended bill SB 5098 now focuses specifically on providing immunity for those involved in the design, manufacture, labeling, or distribution of personal protective equipment (PPE) related to COVID-19, rather than immunity for any civil claims related to the transmission of the virus itself. This change is significant because it clarifies the scope of immunity, aiming to encourage more businesses and organizations to supply PPE without the fear of lawsuits, as long as they act without gross negligence or willful misconduct. This could help ensure a better supply of essential protective gear during health emergencies.

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SPECIAL SESSION I history | hilite | pdf | print version 20200799D SENATE BILL NO.
SPECIAL SESSION I history | hilite | pdf | print version 20201050D SENATE BILL NO.
5098 Offered August 18, 2020 Prefiled August 18, 2020 A BILL to provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus and use of personal protective equipment;
5098 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on August 26, 2020) (Patron Prior to Substitute--Senator Vogel) A BILL to provide immunity from civil claims related to the design, manufacture, labeling, or distribution of personal protective equipment in response to COVID-19;
---------- Patrons-- Vogel and Ruff ---------- Referred to Committee on the Judiciary ---------- Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
In the absence of gross negligence or willful misconduct, no person shall be liable for any civil cause of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus.
C.
D.
C.
E.
D.
The provisions of this act shall not apply to claims before the Virginia Workers' Compensation Commission seeking benefits payable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.).
The provisions of this act shall not apply to claims before the Virginia Workers' Compensation Commission seeking benefits payable under the Virginia Workers' Compensation Act (§ 65.2-100 et seq.
of the Code of Virginia).
⬇ Download PDF
View plain text versions (2)
  • SB5098S1 View text Current html August 26, 2020
  • Impact statement from DPB (SB5098) View text html August 18, 2020

Action History

  1. Passed by indefinitely in Judiciary (7-Y 5-N 1-A)

  2. Committee substitute printed to LIS only 20201050D-S1

  3. Impact statement from DPB (SB5098)

  4. Referred to Committee on the Judiciary

  5. Prefiled and ordered printed with emergency clause; offered 08/18/20 20200799D

Sponsorship breakdown

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0 sponsors · 0 co-sponsors · 148 not signed on · 2 voted No

Sponsors (0)

None.

Co-sponsors (0)

None.

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed by indefinitely in Judiciary (7-Y 5-N 1-A)

Passed 7 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 7503
Total 7503
% of votes cast 47%33%0%20%
How each member voted (15)
Member Party Vote
Edwards, John S. — Yea
Norment, Thomas K., Jr. — Nay
Saslaw, Richard L. — Yea
Petersen, J. Chapman — Not Voting
Chafin, A. Benton "Ben" — Nay
McClellan, Jennifer L. — Yea
Morrissey, Joseph D. — Nay
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Not Voting
R. Creigh Deeds — Yea
Richard H. Stuart — Not Voting
Ryan T. McDougle — Nay
Scott A. Surovell — Yea
William M. Stanley, Jr. — Nay

Official roll call →

Subjects

public-safety health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 5098 do?
Immunity from civil claims related to the transmissionof or exposure to the COVID-19 virus and uses of personal protectiveequipment; emergency. Provides immunity to persons, as definedin the bill, from civil causes of action arising from any act oromission alleged to have resulted in the contraction of or exposureto the COVID-19 virus. The bill further provides immunity to personswho design, manufacture, label, or distribute any personal protectiveequipment in response to the COVID-19 virus from any civil causeof action arising out of the use of such equipment. The bill containsan emergency clause, and the immunities provided by such bill expiretwo years after the expiration or revocation of all states of emergencydeclared by the Governor related to the COVID-19 pandemic.
What is the current status of SB 5098?
This bill died with 2020, 1st Special Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5098?
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Last checked for changes 3 months ago · updated continuously

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