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1999 SESSION

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991841655
HOUSE BILL NO. 2559 FLOOR AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by Senator Edwards on February 25, 1999) (Patron Prior to Substitute--Delegate Reid) A BILL to amend the Code of Virginia by adding a section numbered 15.2-1812.1, relating to action for vandalism to monuments.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 15.2-1812.1 as follows:

§ 15.2-1812.1. Action for injury resulting from damage to memorials for war veterans.

The attorney for the locality in which a memorial for war veterans is located and any person or organization aggrieved by reason of a violation of, or encroachment upon, memorials for war veterans covered by § 15.2-1812 or noncompliance with the responsibility for the restitution for injury, or intentional injury to any property, memorial or monument covered by § 18.2-137, may sue and recover damages by reason of such violation of § 15.2-1812 or § 18.2-137. Damages recovered may include such amounts as necessary for the purposes of rebuilding, repairing, preserving, and restoring such memorials, property, and monuments or markers to pre-encroachment condition at the original location. Punitive damages also may be recovered for reckless, willful or wanton conduct resulting in the defacement, malicious destruction, removal or damage of property, monuments and memorials.

The party who initiates and prevails in an action authorized by this section shall be entitled to an award of the cost of the litigation, including reasonable attorneys’ fees. The provisions of this section shall not be construed to limit any person’s or organization’s right to pursue any additional civil remedy otherwise allowed by law.