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2004 SESSION
047279224Be it enacted by the General Assembly of Virginia:
1. That § 8.01-53 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-53. Class and beneficiaries; when determined.
A. The Except where the decedent dies testate, the damages awarded pursuant to
§ 8.01-52 shall be distributed as specified under § 8.01-54 to (i) the
surviving spouse, children of the deceased and children of any deceased child of the
deceased or (ii) if there be none such, then to the parents, brothers and
sisters of the deceased, and to any other relative who is primarily dependent
on the decedent for support or services and is also a member of the same
household as the decedent or (iii) if the decedent has left both surviving
spouse and parent or parents, but no child or grandchild, the award shall be
distributed to the surviving spouse and such parent or parents or (iv) if there
are survivors under clause (i) or clause (iii), the award shall be distributed
to those beneficiaries and to any other relative who is primarily dependent on
the decedent for support or services and is also a member of the same household
as the decedent or (v) if no survivors exist under clause (i), (ii), (iii), or
(iv), the award shall be distributed in the course of descents as provided for
in § 64.1-1. Where the decedent died testate, the award shall be distributed in
accordance with the provisions of the decedent's will pursuant to Chapter 3 (§
64.1-45 et seq.) of Title 64.1. Provided, however, no parent whose
parental rights and responsibilities have been terminated by a court of competent jurisdiction
or pursuant to a permanent entrustment agreement with a child welfare agency shall be eligible
as a beneficiary under this section. For purposes of this section, a relative
is any person related to the decedent by blood, marriage, or adoption and also
includes a stepchild of the decedent.
B. The class and beneficiaries thereof eligible to receive such distribution shall be fixed (i) at the time the verdict is entered if the jury makes the specification, or (ii) at the time the judgment is rendered if the court specifies the distribution.
C. A beneficiary may renounce his interest in any claim brought pursuant to § 8.01-50 and, in such event, the damages shall be distributed to the beneficiaries in the same class as the renouncing beneficiary or, if there are none, to the beneficiaries in any subsequent class in the order of priority set forth in subsection A.