Virginia 2023 Regular Session Status: Enacted

HB 1440 — Finding of guilt in absentia; proof of such finding in a civil action.

Last action — Acts of Assembly Chapter text (CHAP0278)

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

This bill has been enacted into law. Introduced December 20, 2022. Enacted.

Signed by Governor Glenn Youngkin (Republican) on March 22, 2023.

Prognosis

Advancing 38% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Failed a recorded vote

    Failed 6 recorded votes so far — a real headwind.

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.

Bill Text

What changed in the latest version

19 added · 21 removed

Plain-language change summary

The amended version of Bill HB 1440 clarifies the circumstances under which a plea of guilty or a finding of guilt in absence can be used as evidence in civil cases. Previously, evidence of these findings was only admissible for certain infractions directly related to the civil action, but now it broadens to include any relevant plea, finding, or forfeiture from criminal cases. This change matters because it allows courts to consider more evidence when deciding civil cases, which could lead to fairer outcomes by taking into account a defendant's previous criminal findings.

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SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER E An Act to amend and reenact § 8.01-418 of the Code of Virginia, relating to finding of guilt in absentia;
VIRGINIA ACTS OF ASSEMBLY -- 2023 SESSION CHAPTER 278 An Act to amend and reenact § 8.01-418 of the Code of Virginia, relating to finding of guilt in absentia;
R O Approved [H 1440] L L Be it enacted by the General Assembly of Virginia:
[H 1440] Approved March 22, 2023 Be it enacted by the General Assembly of Virginia:
That § 8.01-418 of the Code of Virginia is amended and reenacted as follows:
Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere infraction which arose out of the same occurrence upon which the civil action is based, evidence of saidaffic plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible.
Whenever, in any civil action, it is contended that any party thereto pled guilty or nolo contendere or, was found guilty in absentia, or suffered a forfeiture in a prosecution for a criminal offense or traffic plea, finding, or forfeiture as shown by the records of the criminal court shall be admissible.
Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question ofch whether such plea or finding was made or forfeiture suffered shall be a question for the court 4o determine.
Where the records of the court in which such prosecution was had are silent or ambiguous as to whether or not such plea or finding was made or forfeiture occurred, the court hearing the civil case shall admit such evidence on the question of such plea, finding, or forfeiture as may be relevant, and the question of whether such plea or finding was made or forfeiture suffered shall be a question for the court to determine.
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Action History

  1. Acts of Assembly Chapter text (CHAP0278)

  2. Approved by Governor-Chapter 278 (effective 7/1/23)

  3. Governor's Action Deadline 11:59 p.m., March 27, 2023

  4. Enrolled Bill communicated to Governor on February 27, 2023

  5. Signed by President

  6. Signed by Speaker

  7. Bill text as passed House and Senate (HB1440ER)

  8. Enrolled

  9. Passed Senate (24-Y 16-N)

  10. Read third time

  11. Constitutional reading dispensed (39-Y 0-N)

  12. Reported from Judiciary (13-Y 2-N)

  13. Referred to Committee on the Judiciary

  14. Constitutional reading dispensed

  15. VOTE: Block Vote Passage (98-Y 0-N)

  16. Read third time and passed House BLOCK VOTE (98-Y 0-N)

  17. Read second time and engrossed

  18. Read first time

  19. Reported from Courts of Justice (19-Y 0-N)

  20. Subcommittee recommends reporting (8-Y 0-N)

  21. Assigned Courts sub: Subcommittee #2

  22. Referred to Committee for Courts of Justice

  23. Prefiled and ordered printed; offered 01/11/23 23101592D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

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.

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

Subjects

civil-rights
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

Who sponsors HB 1440?
HB 1440 is sponsored by Jason S. Ballard.
What is the current status of HB 1440?
This bill has been enacted into law. Introduced December 20, 2022. Enacted.
Where can I track HB 1440?
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