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2021 SESSION
21103581DBe it enacted by the General Assembly of Virginia:
1. That § 8.01-244 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-244. Actions for wrongful death; limitation.
A. Notwithstanding the provisions of subsection B of §
8.01-229 B, if a person entitled to bring an action for personal injury
dies as a result of such injury with no such action pending before the
expiration of the limitations period set forth in § 8.01-243, then an action
under § 8.01-50 may be commenced within the time limits specified in subsection
B of this section.
B. Every action under § 8.01-50 shall be brought by the
personal representative of the decedent within two years after the death of the
injured person or, if applicable, within two years of the conclusion of a
criminal investigation by law enforcement of such death, whichever is longer.
For the purposes of this section, a criminal investigation shall be considered
concluded when a law-enforcement agency in charge of such investigation no
longer continues to gather evidence for a possible future criminal case. If
any such action is brought within such period of two years after such
person's death and for any cause abates or is dismissed without determining
the merits of such action, the time such action is pending shall not be counted
as any part of such period of two years and another action may be brought
within the remaining period of such two years as if such former action had not
been instituted. However, if a plaintiff suffers a voluntary nonsuit pursuant
to § 8.01-380, the nonsuit shall not be deemed an abatement nor a dismissal
pursuant to this subsection, and the provisions of subdivision E 3 of §
8.01-229 shall apply to such a nonsuited action.
2. That an emergency exists and this act is in force from its passage.