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Be it enacted by the General Assembly of Virginia:
1. That § 32.1-269.1 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-269.1. Amending death certificates; change and correction of demographic information by affidavit or court order.
A. Notwithstanding § 32.1-276, a death certificate registered under this chapter may be amended only in accordance with this section and such regulations as may be adopted by the Board to protect the integrity and accuracy of such death certificate. Such regulations shall specify the minimum evidence required for a change in any such death certificate.
B. A death certificate that is amended under this section shall be marked "amended," and the date of amendment and a summary description of the evidence submitted in support of the amendment shall be endorsed on or made a part of the death certificate. The Board shall prescribe by regulation the conditions under which omissions or errors on death certificates may be corrected.
C. Upon receipt of a certified copy of a court order changing the name of the deceased, the deceased's parent or spouse, or the informant; the marital status of the deceased; or the place of residence of the deceased, when the place of residence is changed to a jurisdiction outside the Commonwealth, the State Registrar shall amend such death certificate to reflect the new information and evidence.
D. Upon receipt of an affidavit and supporting evidence testifying to corrected information, including the correct spelling of the name of the deceased, the deceased's parent or spouse, or the informant; the sex, age, race, date of birth, place of birth, citizenship, social security number, education, occupation or kind or type of business, military status, or date of death of the deceased; the place of residence of the deceased, if located within the Commonwealth; the name of the institution; the county, city, or town where the death occurred; or the street or place where the death occurred, the State Registrar shall amend such death certificate to reflect the new information and evidence.
E. When an applicant does not submit the minimum documentation
required by regulation to amend a death certificate or when the State Registrar
finds reason to question the validity or sufficiency of the evidence, the death
certificate shall not be amended and the State Registrar shall so advise the
applicant. An aggrieved applicant may
petition submit evidence to the clerk of the circuit court of the county or city in which he
resides or the clerk of the Circuit Court of the City of Richmond, Division I, for an order
compelling the State Registrar to amend the death certificate; an aggrieved applicant who is currently residing out of
state may petition submit evidence to the clerk of
any circuit court in the Commonwealth for such an order. The State Registrar
or his authorized representative may appear and testify in such proceeding. Such clerk shall review the
evidence and upon a finding that the
submitted evidence is valid
and sufficient to amend the death certificate, shall
notify the State Registrar of his finding. Upon
such notice, the State Registrar
shall amend such death certificate to reflect the new information and evidence.