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2006 SESSION

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060476308
HOUSE BILL NO. 882 Offered January 11, 2006 Prefiled January 10, 2006 A BILL to amend and reenact § 53.1-223 of the Code of Virginia, relating to restrictions on suits against prisoners. ---------- Patron-- Griffith ---------- Referred to Committee on Militia, Police and Public Safety ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 53.1-223 of the Code of Virginia is amended and reenacted as follows:

§ 53.1-223. Restriction on suits against prisoners.

No action or suit on any claim or demand, except suits for divorce, actions to establish a parent and child relationship between a child and a prisoner and actions to establish a prisoner's child support obligation, shall be instituted maintained against a prisoner after judgment of conviction and while he is incarcerated, except through his committee, unless a guardian ad litem is appointed for the prisoner pursuant to § 8.01-9, or an attorney licensed to practice law in the Commonwealth has entered of record an appearance for such prisoner. However, in any suit for divorce instituted against a prisoner, the court shall appoint a committee prior to any determination as to the property of the parties under § 20-107.3.