HB 2139 — Accrual of cause of action; diagnosis of latent injury.
Last action — Approved by Governor-Chapter 195 (effective 7/1/21)
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✓Introduced
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✓In Committee
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✓Passed House of Delegates
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 12, 2021. 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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10 sponsors
1 primary, 9 co-sponsors signed on.
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Cleared a recorded vote
Passed 9 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
Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.
Bill Text
What changed in the latest version
11 added · 10 removedPlain-language change summary
The updated version of Bill HB 2139 has added and clarified certain legal provisions related to misrepresentation, fraud, and specific medical device injuries. These changes highlight the conditions under which individuals can seek redress if they discover fraud or injury after a certain time has passed. This matters because it potentially expands the rights of individuals seeking justice for harms they may not have immediately recognized, ensuring they can still pursue claims even if those harms become apparent later.
SPECIAL SESSION I history | hilite | pdf | print version VIRGINIA ACTS OF ASSEMBLY -- CHAPTER 195 An Act to amend and reenact § 8.01-249 of the Code of Virginia, relating to accrual of cause of action;
[H 2139] Approved March 18, 2021 Be it enacted by the General Assembly of Virginia:
View plain text versions (5)
- CHAP0195 View text Current html March 18, 2021
- HB2139ER View text html February 25, 2021
- Committee Substitute Committee substitute printed 21200305D-S1 html February 17, 2021
- Engrossed Printed as engrossed 21102437D-E html January 29, 2021
- Prefiled Prefiled and ordered printed; offered 01/13/21 21102437D html January 12, 2021
Action History
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Approved by Governor-Chapter 195 (effective 7/1/21)
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Governor's Action Deadline 11:59 p.m., March 31, 2021
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Enrolled Bill communicated to Governor on March 1, 2021
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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 (95-Y 0-N)
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Senate substitute agreed to by House 21200305D-S1 (95-Y 0-N)
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Placed on Calendar
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Passed Senate with substitute (30-Y 8-N)
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Engrossed by Senate - committee substitute HB2139S1
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Committee substitute agreed to 21200305D-S1
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Reading of substitute waived
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Read third time
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Constitutional reading dispensed (32-Y 0-N)
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Reported from Judiciary with substitute (10-Y 4-N)
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Committee substitute printed 21200305D-S1
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Senate committee, floor amendments and substitutes offered
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Senate committee, floor amendments and substitutes offered
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Reconsidered by Judiciary
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Passed by indefinitely in Judiciary with letter (13-Y 2-N)
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Continued to 2021 Sp. Sess. 1 in Judiciary (14-Y 0-N)
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Referred to Committee on the Judiciary
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Constitutional reading dispensed
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VOTE: Block Vote Passage (100-Y 0-N)
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Read third time and passed House BLOCK VOTE (100-Y 0-N)
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Printed as engrossed 21102437D-E
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Engrossed by House as amended HB2139E
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Committee amendments agreed to
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Read second time
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Read first time
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Reported from Courts of Justice with amendment(s) (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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House committee, floor amendments and substitutes offered
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Subcommittee recommends reporting with amendments (7-Y 1-N)
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House subcommittee amendments and substitutes offered
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Assigned Courts sub: Civil
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Referred to Committee for Courts of Justice
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Prefiled and ordered printed; offered 01/13/21 21102437D
Sponsors
- Patrick A. Hope · Cosponsor
- Marcus B. Simon · Cosponsor
- Elizabeth R. Guzman · Primary
- Ibraheem S. Samirah · Cosponsor
- Kenneth R. Plum · Cosponsor
- Michael P. Mullin · Cosponsor
- Mark H. Levine · Cosponsor
- Kaye Kory · Cosponsor
- Mark L. Keam · Cosponsor
- Lee J. Carter · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 9 co-sponsors · 138 not signed on · 11 voted No
"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 | 94 | 0 | 0 | 5 |
| Total | 94 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 30 | 8 | 0 | 1 |
| Total | 30 | 8 | 0 | 1 |
| % of votes cast | 77% | 21% | 0% | 3% |
How each member voted (39)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Spruill, Lionell, Sr. | — | Yea |
| Barbara A. Favola | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| Bill DeSteph | — | Nay |
| Bryce E. Reeves | — | Nay |
| Chase, Amanda F. | — | Nay |
| Cosgrove, John A., Jr. | — | Nay |
| David R. Suetterlein | — | Not Voting |
| David W. Marsden | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| Hanger, Emmett W., Jr. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jeremy S. McPike | — | Yea |
| Kiggans, Jennifer A. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Nay |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Nay |
| Ruff, Frank M., Jr. | — | Nay |
| Ryan T. McDougle | — | Nay |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| Todd E. Pillion | — | Yea |
| Vogel, Jill Holtzman | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 32 | 0 | 0 | 7 |
| Total | 32 | 0 | 0 | 7 |
| % of votes cast | 82% | 0% | 0% | 18% |
How each member voted (39)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 10 | 4 | 0 | 0 |
| Total | 10 | 4 | 0 | 0 |
| % of votes cast | 71% | 29% | 0% | 0% |
How each member voted (14)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Nay |
| Mark J. Peake | — | 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 |
| Scott A. Surovell | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 13 | 2 | 0 | 0 |
| Total | 13 | 2 | 0 | 0 |
| % of votes cast | 87% | 13% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Nay |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Nay |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Yea |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 14 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| McClellan, Jennifer L. | — | Yea |
| Morrissey, Joseph D. | — | Yea |
| Edwards, John S. | — | Yea |
| Jennifer B. Boysko | — | Yea |
| L. Louise Lucas | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mark J. Peake | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| R. Creigh Deeds | — | Yea |
| Richard H. Stuart | — | Not Voting |
| Ryan T. McDougle | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
| William M. Stanley, Jr. | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 99 | 0 | 0 | 0 |
| Total | 99 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Bell, Robert B. | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Jeffrey L. | — | Yea |
| Charniele L. Herring | — | Yea |
| Coyner, Carrie E. | — | Yea |
| Don Scott | — | Yea |
| Edmunds, James E., II | — | Yea |
| Guy, Nancy D. | — | Yea |
| Heretick, Steve E. | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| Karrie K. Delaney | — | Yea |
| Keam, Mark L. | — | 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 | 1 | 0 | 1 |
| Total | 7 | 1 | 0 | 1 |
| % of votes cast | 78% | 11% | 0% | 11% |
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 | — | Yea |
| Marcus B. Simon | — | Yea |
| Miyares, Jason S. | — | Yea |
| Patrick A. Hope | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Nay |
| Terry G. Kilgore | — | Yea |
Subjects
Frequently asked questions
- What does HB 2139 do?
- Accrual of cause of action; diagnosis of latent injury or disease. Provides that a cause of action for a latent injury shall accrue when such injury and its causal connection to an injurious or disease-causing substance, product, or circumstance is first communicated to the injured person or his agent by a physician. The bill further provides that a diagnosis of a nonmalignant substance-related, product-related, or circumstance-related latent injury or disease shall not accrue an action based upon the subsequent diagnosis of a malignant substance-related latent injury or disease.
- Who sponsors HB 2139?
- HB 2139 is sponsored by Patrick A. Hope, Marcus B. Simon, Elizabeth R. Guzman, Samirah, Ibraheem S., Plum, Kenneth R., Mullin, Michael P., Levine, Mark H., Kory, Kaye, Keam, Mark L., and Carter, Lee J..
- What is the current status of HB 2139?
- This bill has been enacted into law. Introduced January 12, 2021. Enacted.
- Where can I track HB 2139?
- Track HB 2139 free on One Click Politics — get push/email alerts when it moves.
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