VirginiaHB10202026 Regular SessionHouseWALLET

Sexual abuse during infancy or incapacity; accrual.

Sponsored By: Atoosa R. Reaser (Democratic)

Became Law

Summary

Sexual abuse during infancy or incapacity; accrual. Adds to the accrual provisions for personal injury actions resulting from sexual abuse during the infancy or incapacity of a person that accrual occurs when corroborative evidence, as defined in the bill, is discovered or by the exercise of due diligence reasonably should have been discovered.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Clearer deadlines for common lawsuits

Fraud, mistake, and deception claims start when you discover them or should have with reasonable care. A claim to recover money on deposit starts when you make a written request, such as a check, order, or other written demand. An open-account claim starts at the later of the last payment or the last charge. Malicious prosecution and abuse of process claims start when the original case ends. Contribution or indemnity claims start when you pay or discharge the debt, but you can file a third-party claim earlier under court rules. These rules make it clearer when the time limit to sue begins.

Clear deadlines for latent injury claims

For asbestos injuries, the clock starts when a doctor first tells you the qualifying diagnosis. A noncancer asbestos diagnosis does not block a later, separate claim if you are later diagnosed with a cancer; that later claim starts when the doctor tells you. No asbestos or other latent-exposure case can be brought more than two years after the injured person’s death. For other latent injuries from substances or products, time starts when the injury is no longer hidden and you knew, or should have known, both the injury and its cause. For implanted medical devices, time starts when you knew, or should have known, the injury and that the device caused it; for breast implants, it starts when a doctor first tells you the injury and cause. These product rules apply to claims against non–health care providers.

Sexual abuse survivors get later start

The law sets when the clock starts to sue for sexual abuse during infancy or incapacity. It starts at the latest of three events: when the disability ends, when a licensed clinician first tells you the injury and that abuse caused it, or when corroborating evidence is found or should have been found. Corroborating evidence can be physical proof, witness statements, or a confession. Sexual abuse includes acts defined in criminal law, such as rape or sexual battery. Lawsuits against an entity based only on newly found evidence can cover acts that occur on or after July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Atoosa R. Reaser

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 220 • No: 0

Senate vote 2/23/2026

Passed Senate Block Vote

Yes: 38 • No: 0

Senate vote 2/20/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/20/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice

Yes: 14 • No: 0

House vote 2/10/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 2/4/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

House vote 1/30/2026

Subcommittee recommends reporting with amendment(s)

Yes: 8 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0251)

    4/6/2026Governor
  2. Approved by Governor-Chapter 251 (effective 7/1/2026)

    4/6/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Bill text as passed House and Senate (HB1020ER)

    2/25/2026House
  6. Enrolled

    2/25/2026House
  7. Signed by President

    2/25/2026Senate
  8. Signed by Speaker

    2/25/2026House
  9. Passed Senate Block Vote (38-Y 0-N 0-A)

    2/23/2026Senate
  10. Read third time

    2/23/2026Senate
  11. Passed by for the day Block Vote (Voice Vote)

    2/20/2026Senate
  12. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/20/2026Senate
  13. Rules suspended

    2/20/2026Senate
  14. Reported from Courts of Justice (14-Y 0-N)

    2/18/2026Senate
  15. Referred to Committee for Courts of Justice

    2/11/2026Senate
  16. Constitutional reading dispensed (on 1st reading)

    2/11/2026Senate
  17. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/10/2026House
  18. Engrossed by House as amended

    2/9/2026House
  19. committee amendments agreed to

    2/9/2026House
  20. Read second time

    2/9/2026House
  21. Read first time

    2/6/2026House
  22. Reported from Courts of Justice with amendment(s) (22-Y 0-N)

    2/4/2026House
  23. Subcommittee recommends reporting with amendment(s) (8-Y 0-N)

    1/30/2026House
  24. Assigned HCJ sub: Civil

    1/29/2026House
  25. Referred to Committee for Courts of Justice

    1/14/2026House

Bill Text

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