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2000 SESSION

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009230904
HOUSE BILL NO. 1184 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Local Government on February 29, 2000) (Patron Prior to Substitute--Delegate Reid) A BILL to amend the Code of Virginia by adding a section numbered 15.2-1812.1, relating to damage to memorials.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-1812.1 as follows:

§ 15.2-1812.1. Action for damage to memorials for war veterans.

A. If any monument, marker or memorial for war veterans as designated in §§ 15.2-1812 and 18.2-137 is violated or encroached upon, an action for the recovery of damages may be commenced by the following:

1. For a publicly-owned monument, marker or memorial, by the attorney for the locality in which it is located; or

2. For a privately-owned monument, marker or memorial, by the private organization, society or museum that owns it or any member of such organization, society or museum.

Damages may be awarded in such as amounts as necessary for the purposes of rebuilding, repairing, preserving and restoring such memorials or monuments to pre-encroachment condition at the original location.

B. Punitive damages may be recovered for reckless, willful or wanton conduct resulting in the defacement of, malicious destruction of, removal of, or placement of improper markings, monuments or statues on memorials for war veterans.

C. The party who initiates and prevails in an action authorized by this section shall be entitled to an award of the cost of the litigation, including reasonable attorney's fees. The provisions of this section shall not be construed to limit the rights of any person, organization, society, or museum to pursue any additional civil remedy otherwise allowed by law.