Civil Subcommittee

Monday, January 26, 2026·2h 29m·▶ Watch / Listen

The Civil Law Subcommittee advanced eleven bills to the full Courts of Justice committee, including a contested class action bill (HB 449) that passed 7-3 over business community opposition and a child sexual abuse civil statute of limitations bill (HB 538) that passed 7-2, while taking two bills by for the day and amending several others in concept or by substitute.

Key Actions

·HB 449 – State-Level Class Action ProcessNo Vote

+ 9 more actions

Controversies

HB 273 – Definition of 'willful misconduct' in law enforcement duty-to-render-aid immunity

David Ostrich (Virginia State Police Association) argued 'willful misconduct' is an undefined term that constitutes a lesser standard than gross negligence, making the immunity promise ineffective because plaintiffs will simply plead that lesser standard. Delegate Simon countered that 'willful misconduct' appears in the code approximately 156 times and is not uniquely undefined in this bill. Delegate Sullivan directly asked Ostrich whether willful misconduct is a lesser standard than gross negligence; Ostrich confirmed yes. Delegate Ballard stated he was unmoved by the State Police Association's arguments but still voted no to flag the bill for broader discussion.

+ 4 more controversies

Notable Quotes

“The key problem that we see with the bill is that willful misconduct is an undefined term. It's going to be a lesser standard which will allow essentially the promise of immunity for rendering aid to be ineffective in terms of most pleadings will plead the lesser standard of willful misconduct and any close calls. The reality is going to be that a lawsuit is going to be filed notwithstanding the fact that somebody tried to take some measure to provide aid.”
David Ostrich, Virginia State Police Association (legal counsel) — Ostrich testified in opposition to HB 273, which would give law enforcement officers immunity from liability for rendering aid in good faith except for gross negligence or willful misconduct — arguing the undefined 'willful misconduct' standard would invite litigation rather than prevent it.

+ 4 more quotes

Votes

Report HB 449 (class action) substitutePassed

Yes (1)Delegate Simon (confirmed yes)

Report HB 538 (child sexual abuse civil SOL)Passed

Report HB 273 (law enforcement duty to render aid)Passed

No (1)Delegate Ballard (confirmed no, stated to flag for full committee discussion)

Report HB 803 (adjoining property entry) with substitutePassed

Report HB 510 (power of attorney disclosure waiver) as amended in conceptPassed

Report HB 350 (fire marshal jury exemption) as amendedPassed

No (1)Delegate Simon (confirmed no, stated 'anti Christmas tree')

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TranscriptPreview

Afternoon. This meeting. What is this? This Monday, January 26th, meeting of the Civil Law subcommittee of Courts of Justice will come to order. Hearing my echo. You got it fixed. It's not good. I'm hearing you twice. Members will. Making it even worse. Making it worse. Members will indicate their presence on the electronic voting board. All right, a quorum is present. So we're ready to conduct some business. Let's see. Delegate Griffith. So, House Bill 202. Delegate Griffin. We have an identical bill that's sitting in general laws, needs to go through the referral process and whatever. So can I get a motion to take House Bill 202 by for the day? It's been moved and seconded. House Bill 202 go by for the days. That motion will say aye. Those opposed? All right, that bill is by for the day. Thank you, Delegate Griffin. There was a time when I would have just made you sit there for the whole meeting to do that, but this is the new, nicer delegate Simon. All right, Delegate. Delegate Helmer, You've got House Bill 273. Thank you, Mr. Chair. Members of the subcommittee, House Bill 273 is a bill we've…

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