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2000 SESSION

000923672
HOUSE BILL NO. 175
Offered January 12, 2000
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 8.01 a section numbered § 8.01-44.6, relating to parental liability for acts by minor resulting in damage to property in excess of $2,500, injury or death.
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Patrons-- Clement and Bennett; Senator: Hawkins
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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 in Article 3 of Chapter 3 of Title 8.01 a section numbered § 8.01-44.6 as follows:

§ 8.01-44.6. Parental liability for acts by minor resulting in damage to property in excess of $2,500, injury or death.

The parent or parents of an unemancipated minor child shall be liable for damages suffered by reason of a willful or malicious act of the child which results in the destruction of or damage to property in excess of $2,500 or the injury or death of another person, if: (i) the child was living with the parent or parents, (ii) the parent or parents knew or should have known the child had a propensity to commit a willful or malicious act and (iii) the parent or parents failed to use reasonable efforts to prevent the child’s actions.

Any recovery from the parent or parents of such child shall not preclude full recovery from such child except to the amount of the recovery from such parent or parents.