Virginia 2023 Regular Session Status: In Committee

SB 144 — Deceased or incompetent party; admissibility of statements.

Last action — Left in Judiciary

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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 2023 Regular 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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.

Bill Text

What changed in the latest version

32 added · 17 removed

Plain-language change summary

The bill SB 144 has changed from proposing to completely repeal the existing law on the admissibility of statements from individuals who cannot testify, to instead revising the current law. The new version allows certain statements made by persons who are incapable of testifying—such as due to being deceased or incompetent—to be admitted as evidence in court under specific conditions. This change is significant because it ensures that potentially crucial information from individuals who can no longer testify is still considered in legal proceedings, which can help ensure fairer outcomes in cases involving such individuals.

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SESSION INTRODUCED 22102696D I Offered January 12, 2022 N Prefiled January 8, 2022 T A BILL to repeal § 8.01-397 of the Code of Virginia, relating to admissibility of statements of a deceased or incompetent party.
SESSION SENATE SUBSTITUTE 22105582D AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on the Judiciary on February 9, 2022) A BILL to amend and reenact § 8.01-397 of the Code of Virginia, relating to admissibility of statements of person incapable of testifying.
–––––––––– R Patron––Edwards O –––––––––– D Referred to ––––––––––on the Judiciary U Be it enacted by the General Assembly of Virginia:
Be it enacted by the General Assembly of Virginia:
C 1.
1.
That § 8.01-397 of the Code of Virginia is repealed.
That § 8.01-397 of the Code of Virginia is amended and reenacted as follows:
E D S / 6
Supreme Court Rule 2:804 derived from this section).sibility of statements (subdivision (b)(5) of In an action by or against a person who, from any cause, is incapable of testifying, or by or against the committee, trustee, executor, administrator, heir, or other representative of the person soSincapable of his uncorroborated testimony.
In any such action, whether such adverse party testifies or not, all entries, memoranda, and declarations by the party so incapable of testifying made while he was capable, relevant to the matter in issue, may be received as evidence in all proceedings including without limitation those not include situations in which the party who is incapable of testifying has rendered himself unable toall testify by an intentional self-inflicted injury.
A For the purposes of this section, and in addition to corroboration by any other competent evidence, evidence for corroboration of the testimony of an adverse or interested party.
If authentication of the business record is not admitted in a request for admission, such business record shall be autheEticated by a person other than the author of the entry who is not an adverse or interested party whose conduct is at issue in the allegations of the complaint all entries, memoranda, and declarations by the person so as hearsay.f testifying made while he was capable, relevant to the matter in issue, shall not be excluded S U B S T I T U T E S S 1
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Action History

  1. Left in Judiciary

  2. Continued to 2023 in Judiciary (14-Y 0-N)

  3. Committee substitute printed to LIS only 22105582D-S1

  4. Senate committee, floor amendments and substitutes offered

  5. Referred to Committee on the Judiciary

  6. Prefiled and ordered printed; offered 01/12/22 22102696D

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.

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"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.

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Frequently asked questions

Who sponsors SB 144?
SB 144 is sponsored by Edwards, John S..
What is the current status of SB 144?
This bill died with 2023 Regular 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 144?
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