VA SB384 | 2010 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Passed on April 10 2010 - 100% progression
Action: 2010-04-10 - Governor: Acts of Assembly Chapter text (CHAP0350)
Text: Latest bill text (Chaptered) [HTML]

Summary

Attorney-client privilege; work product protection; limitations on waivers. Provides that when the disclosure of a communication or information covered by attorney-client privilege or work product protection made in a proceeding or to any public body operates as a waiver of the privilege or protection, such waiver only extends to undisclosed communications or information if (i) the waiver was intentional, and (ii) the disclosed and undisclosed communications or information concern the same subject matter and ought in fairness be considered together. Inadvertent disclosures do not operate as a waiver if reasonable steps were taken to prevent disclosure and to rectify the error. The bill also provides that an agreement between parties as to the effect of a disclosure is only binding upon the parties to the agreement unless it has been incorporated into a court order. The bill does not limit any otherwise applicable waiver of attorney-client privilege or work product protection by an inmate who files an action challenging his conviction or sentence. As introduced, this bill was a recommendation of the Boyd-Graves Conference.

Tracking Information

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Title

Attorney-client privilege and work product protection; limitations on waivers.

Sponsors


Roll Calls

2010-03-05 - Senate - Senate: House amendment agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2010-03-03 - House - House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N) (Y: 101 N: 0 NV: 1 Abs: 0) [PASS]
2010-02-26 - House - House: Reported from Courts of Justice with amendment (19-Y 0-N) (Y: 19 N: 0 NV: 4 Abs: 0) [PASS]
2010-02-24 - House - House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N) (Y: 11 N: 0 NV: 0 Abs: 0) [PASS]
2010-01-28 - Senate - Senate: Read third time and passed Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2010-01-26 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2010-01-25 - Senate - Senate: Reported from Courts of Justice (13-Y 0-N) (Y: 13 N: 0 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2010-04-10 Governor: Acts of Assembly Chapter text (CHAP0350)
2010-04-10 Governor: Approved by Governor-Chapter 350 (effective 7/1/10)
2010-03-13 Senate: Signed by President
2010-03-12 House: Signed by Speaker
2010-03-12 Senate: Bill text as passed Senate and House (SB384ER)
2010-03-12 Senate: Enrolled
2010-03-05 Senate: House amendment agreed to by Senate (39-Y 0-N)
2010-03-03 House: VOTE: BLOCK VOTE PASSAGE (99-Y 0-N)
2010-03-03 House: Passed House with amendment BLOCK VOTE (99-Y 0-N)
2010-03-03 House: Engrossed by House as amended
2010-03-03 House: Committee amendment agreed to
2010-03-03 House: Read third time
2010-03-02 House: Read second time
2010-02-26 House: Reported from Courts of Justice with amendment (19-Y 0-N)
2010-02-24 House: Subcommittee recommends reporting with amendment(s) (11-Y 0-N)
2010-02-16 House: Assigned Courts sub: #2 Civil
2010-02-08 House: Referred to Committee for Courts of Justice
2010-02-08 House: Read first time
2010-02-08 House: Placed on Calendar
2010-01-28 Senate: Read third time and passed Senate (40-Y 0-N)
2010-01-27 Senate: Read second time and engrossed
2010-01-26 Senate: Constitutional reading dispensed (40-Y 0-N)
2010-01-25 Senate: Reported from Courts of Justice (13-Y 0-N)
2010-01-14 Senate: Assigned Courts sub: Civil
2010-01-12 Senate: Referred to Committee for Courts of Justice
2010-01-12 Senate: Prefiled and ordered printed; offered 01/13/10 10100501D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
801420.7(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+sum+SB384
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+SB384+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+SB384ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?101+ful+CHAP0350+hil
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+S03V0042+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+SV0081SB0384+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+SV0121SB0384+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+H0802V0086+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+H08V0289+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+HV1163+SB0384
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?101+vot+SV0645SB0384+SB0384

Bill Comments

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