HB 127

            
2020 SESSION

20101772D

HOUSE BILL NO. 127


Offered January 8, 2020


Prefiled December 16, 2019

A BILL to amend the Code of Virginia by adding a section 
 numbered 8.01-42.6, relating to bystander claims for intentional or negligent 
 infliction of injury or death; emotional distress.
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Patron-- Miyares

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:
 
 
1. That the Code of Virginia is amended by adding a section 
 numbered 8.01-42.6 as follows:
 
 
� 8.01-42.6. 
 Bystander claims for intentional or negligent infliction of 
 injury or death; emotional 
 distress.
 
 
A bystander who 
 witnesses, live and in-person, an event during 
 which the intentional or negligent infliction of injury to 
 or death of a victim occurs may recover damages for 
 resulting emotional distress, proven by a preponderance of the evidence, 
 with or without physical impact or physical injury to the bystander, 
 if:
 
 
1. The bystander is 
 related to such victim by blood, marriage, or adoption; or
 
 
2. Although not 
 related to such victim by blood, marriage, or adoption, the bystander is 
 in close proximity to such victim at the time such 
 event occurs and is 
 aware that such event is 
 causing injury to or the 
 death of such victim.