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2018 SESSION
18104848DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-379.1:1 as follows:
§ 8.01-379.2:1. Spoliation of evidence; jury instruction.
A. For the purposes of this section, "evidence" includes any information, records, papers, documents, physical items, or any other materials that any party to pending or probable litigation may have desired to introduce at trial.
B. If a party, or such party's agents, employees, or servants, has possession, custody, or control of evidence that such party, or such party's agents, employees, or servants, knows or reasonably should know may be material to pending or probable litigation, and such evidence is disposed of, altered, concealed, destroyed, or not preserved by such party, or such party's agents, employees, or servants, or by another person or entity at the direction or with the consent or knowledge of such party, or such party's agents, employees, or servants, a court may instruct that a jury may infer that, if such evidence had been introduced, such evidence would be detrimental to the case of such party.
The party seeking such instruction need not show that the disposal of, alteration of, concealing of, or failure to preserve such evidence was undertaken intentionally or in bad faith in order for such instruction to be given.