VirginiaSB372026 Regular SessionSenateWALLET

Sexual abuse during infancy or incapacity; accrual.

Sponsored By: Barbara A. Favola (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. This bill is identical to HB 1020.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 6 benefits, 0 costs, 2 mixed.

Bank deposit claims start after written demand

For money on deposit, your claim starts when you make a written request. A check, order, or other written demand counts. This gives a clear start date to recover your funds.

Fraud and deception suits start at discovery

The law starts the clock when fraud or mistake is found. The same rule applies to Consumer Protection Act misrepresentation or deception and to undo deals made by undue influence. It also starts when you should have found it with reasonable effort. This gives more time to sue after you uncover the wrongdoing.

Open account suits start at last activity

For an open account, the claim starts at the later of two dates. It starts at the last payment or at the last charge for goods or services. This gives a clear and fair rule for collection timing.

Contribution and indemnity suits start at payment

Your contribution or indemnity claim starts when you pay or discharge the obligation. You may still file a third-party claim earlier if allowed by statute and court rules. This clarifies when recovery actions can be filed.

Medical implant injury suits start at discovery

For breast prosthetic implants, the claim starts when a doctor first tells you the injury is linked to the implant. For other implanted devices, the claim starts when you knew or should have known of the injury and its link to the device. These rules apply to suits against parties other than health care providers.

Wrongful prosecution suits start when case ends

For malicious prosecution or abuse of process, the claim starts when the underlying case ends. This prevents filing too early and makes timing clear.

Asbestos and hidden injury suits: clearer start

For asbestos injuries, the clock starts when a doctor first tells you the diagnosis. A later malignant diagnosis is a new injury that starts when you are told. No asbestos or other latent-injury suit may be filed more than two years after the injured person’s death. For other latent injuries from substances or products (not asbestos and not claims against health care providers), the claim starts when you knew or should have known the injury and its cause.

More time to sue for childhood abuse

If sexual abuse happened during infancy or incapacity, the claim starts at the latest of three times. It starts when the legal disability ends, when a licensed doctor or psychologist first links your injury to the abuse, or when corroborating evidence is found or should have been found. Corroborating evidence includes physical or biological proof, reliable tests, records or data, witness statements, or confessions. Lawsuits against entities using the corroborating-evidence trigger cover only harms that happened on or after July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • Barbara A. Favola

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 211 • No: 0

House vote 2/23/2026

Passed House with amendment Block Vote

Yes: 97 • No: 0

House vote 2/18/2026

Reported from Courts of Justice with amendment(s)

Yes: 22 • No: 0

Senate vote 1/27/2026

Read third time and passed Senate Block Vote

Yes: 39 • No: 0

Senate vote 1/26/2026

Engrossed by Senate Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/26/2026

Courts of Justice Amendments agreed to

Yes: 0 • No: 0

Senate vote 1/23/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 1/23/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 1/21/2026

Reported from Courts of Justice with amendments

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0252)

    4/6/2026Governor
  2. Approved by Governor-Chapter 252 (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

    3/10/2026Senate
  5. Bill text as passed Senate and House (SB37ER)

    2/27/2026Senate
  6. Enrolled

    2/27/2026Senate
  7. Signed by President

    2/27/2026Senate
  8. Signed by Speaker

    2/27/2026House
  9. House Amendment agreed to by Senate

    2/25/2026Senate
  10. Passed House with amendment Block Vote (97-Y 0-N 0-A)

    2/23/2026House
  11. Engrossed by House as amended

    2/23/2026House
  12. committee amendment agreed to

    2/23/2026House
  13. Read third time

    2/23/2026House
  14. Read second time

    2/20/2026House
  15. Reported from Courts of Justice with amendment(s) (22-Y 0-N)

    2/18/2026House
  16. Referred to Committee for Courts of Justice

    2/3/2026House
  17. Read first time

    2/3/2026House
  18. Placed on Calendar

    2/3/2026House
  19. Fiscal Impact Statement from Department of Planning and Budget (SB37)

    1/28/2026Senate
  20. Read third time and passed Senate Block Vote (39-Y 0-N 0-A)

    1/27/2026Senate
  21. Printed as engrossed 26100539D-E

    1/26/2026Senate
  22. Engrossed by Senate Block Vote (Voice Vote)

    1/26/2026Senate
  23. Courts of Justice Amendments agreed to

    1/26/2026Senate
  24. Engrossed by Senate as amended

    1/26/2026Senate
  25. agreed to Courts of Justice Amendment

    1/26/2026Senate

Bill Text

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