2011 SESSION

Convened January 12, 2011 -

CIVIL REMEDIES AND PROCEDURE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Adverse medical outcomes; pilot program created to assess disclosure programs in health care facilities. Adding § 8.01-581.20:2. (Patron-O’Bannon, HB 306 (CD))

Adverse possession; abolition. Amending §§ 55-171 and 57-17; adding § 8.01-218.1. (Patron-McClellan, HB 219 (CD); McEachin, SB 67 (CD))

Bulk Sales; repeals Title 8.6A of Code of Virginia which is considered obsolete. Amending §§ 8.1A-204, 8.1A-301, 8.2-403, 59.1-352.7, 59.1-481, and 59.1-501.3; repealing §§ 8.6A-101 through 8.6A-110. (Patron-Comstock, HB 2206 (Chapter 369))

Child care facility; Northern Virginia localities to require persons to provide certification from a national criminal background check. Amending § 15.2-914. (Patron-Bulova, HB 2100 (Chapter 251))

Child endangerment; willful act or omission, etc., to provide necessary care for child’s health, penalty. Amending §§ 8.01-226.5:2, 18.2-371.1, 40.1-103, and 63.2-1530; adding § 18.2-371.1:1. (Patron-Janis, HB 1996 (F))

Child support; court shall make a determination and enter an order containing such determination. Amending § 16.1-278.15. (Patron-Kilgore, HB 1585 (F))

Cigarette butts; imposes civil penalty for improper disposal for each butt. Amending § 10.1-1422.01; adding § 10.1-1415.3. (Patron-Morrissey, HB 2344 (F))

Civil immunity; provided for persons acting in defense of property. Adding § 8.01-223.3. (Patron-Cleaveland, HB 2511 (F))

Court clerks’ offices; may transmit copies of orders for transfer of prisoners, jurors to provide identification. Amending §§ 8.01-353.1, 19.2-310, and 38.2-2419. (Patron-Robinson, HB 1973 (Chapter 470))

Criminal background checks; Department of Behavioral Health and Developmental Services to use for employment of certain persons. Amending §§ 37.2-416 and 37.2-506. (Patron-Carrico, HB 1729 (Chapter 657))

Criminal history record information; Departments of Rehabilitative Services and for Blind and Vision Impaired to obtain for purpose of employment. Amending § 19.2-389. (Patron-Merricks, HB 1707 (Chapter 449); Blevins, SB 956 (Chapter 432))

Criminal history record information; to be supplied at no charge to person who has applied to be volunteer with Boy Scouts of America, Girl Scouts of United States of America, etc. Amending § 19.2-389. (Patron-Abbott, HB 1923 (F))

Expert witnesses; literature designations. Amending § 8.01-401.1. (Patron-Obenshain, SB 806 (F))

Firearms; civil immunity for employers who do not prohibit their employees from storing in their vehicles. Adding § 8.01-226.8:1. (Patron-Pogge, HB 2380 (F))

Firefighters; exemption from jury service. Amending § 8.01-341.1. (Patron-Edmunds, HB 1527 (Chapter 389))

Garnishment; clarifies person’s earnings that may be subject thereto including garnishment earnings deposited into a bank, etc. Amending § 34-29. (Patron-Abbott, HB 1925 (F))

General district court; civil jurisdiction in actions of unlawful entry or detainer. Amending §§ 8.01-128 and 16.1-77. (Patron-Sherwood, HB 1534 (Chapter 76))

General registrar, electoral board, and their employees; exemption from jury service. Amending § 8.01-341.1. (Patron-Quayle, SB 1156 (Chapter 708))

Healthcare Organizations, Joint Commission on Accreditation of; truncates references in Code. Amending §§ 8.01-225.01, 8.01-581.16, 8.01-581.17, 23-77.3, 32.1-125.1, 32.1-127, and 54.1-2939. (Patron-Sickles, HB 2305 (F))

Homestead and other exemptions; exemption of real or personal property. Amending §§ 8.01-512.4, 34-1, 34-3, 34-3.1, 34-4, 34-4.1, 34-4.2, 34-13, 34-14, 34-17, 34-21, 34-24, and 34-26; adding § 34-3.2. (Patron-Cole, HB 1471 (I) See HB1422; Abbott, HB 2428 (I) See HB1422)

Homestead exemption; increases from $5,000 to $15,000 for every householder. Amending §§ 8.01-512.4 and 34-4. (Patron-Ware, O., HB 1494 (I) See HB1422)

Immunity of officers, etc., of nonprofit organizations; shall survive termination, cancellation, or discontinuance of corporation. Amending §§ 8.01-220.1:1, 13.1-870.1, and 13.1-870.2. (Patron-Filler-Corn, HB 1877 (Chapter 693); Petersen, SB 841 (Chapter 704))

Journalists; prohibits a body with authority to issue a subpoena to testify regarding any information. Adding §§ 2.2-4022.1, 8.01-410.1, and 19.2-282.1 through 19.2-282.8. (Patron-Comstock, HB 2199 (F))

Judgment lien; court shall not decree real estate to be sold to enforce if real estate is used as owner’s primary residence, etc. Amending § 8.01-462. (Patron-McEachin, SB 1120 (F))

Judicial records; admissibility into evidence. Amending § 8.01-389; adding § 17.1-133. (Patron-Merricks, HB 1706 (F))

Jurisdictional limits of courts; increases maximum civil limit of general district courts. Amending §§ 8.01-195.4, 16.1-77, 43-34, and 46.2-644.03. (Patron-Iaquinto, HB 1590 (Chapter 14); McEachin, SB 774 (Chapter 702))

Juvenile court deferral and dismissal; delinquency or traffic proceeding case that is dismissed following satisfaction of terms and conditions of deferred judgment is not eligible for expungement. Amending § 16.1-306. (Patron-Greason, HB 1448 (F))

Landlord and tenant laws; service of process may be accomplished by a sheriff or a private process server, etc., and may be received and accepted electronically. Amending §§ 8.01-286.1, 8.01-291, 8.01-293, 8.01-294, 8.01-296, 8.01-312, 8.01-315, 8.01-327, 15.2-922, 16.1-79.1, 36-99.5, 55-225.4, 55-248.6:1, 55-248.15:2, 55-248.16, 55-248.18, 55-248.24, 55-248.38:3, and 58.1-486.2; repealing second enactment of Chapter 663, 2009 Acts. (Patron-Oder, HB 1611 (Chapter 766))

Local officials; shall not be questioned on any legislative speech or debate without leave of court. Adding § 8.01-223.3. (Patron-Petersen, SB 845 (F))

Medical malpractice; increases cap on recovery in actions against health care providers. Amending § 8.01-581.15. (Patron-Albo, HB 1459 (Chapter 758); Saslaw, SB 771 (Chapter 759))

Medical malpractice; privileged communications of certain committees. Amending § 8.01-581.17. (Patron-Peace, HB 2373 (Chapter 15); Cleaveland, HB 2377 (I) See HB2373; Saslaw, SB 1469 (Chapter 753))

Medical malpractice actions; changes number of days after receipt of written request of defendant in which plaintiff must provide certification form. Amending § 8.01-20.1. (Patron-Herring, SB 1330 (F))

Medical services; State’s lien for payment. Amending §§ 8.01-66.9 and 8.01-66.10; adding § 8.01-66.10:1. (Patron-Edwards, SB 155 (CD); Edwards, SB 1241 (F))

Minors; name change presumed to be in minor’s best interest. Amending § 8.01-217. (Patron-Shuler, HB 372 (CD))

Municipal utility services; notice of adverse judgment. Amending § 15.2-2109. (Patron-Comstock, HB 2455 (F))

Newspapers; may petition circuit court for authority to publish legal notices and publications. Amending § 8.01-324. (Patron-Albo, HB 282 (CD))

Offers of judgment; costs. Adding § 8.01-424.2. (Patron-O’Bannon, HB 310 (CD); O’Bannon, HB 1640 (F))

Personal jurisdiction or defective process; waiver of objection. Adding § 8.01-277.1. (Patron-Obenshain, SB 1209 (Chapter 710))

Products liability; when cause of action accrues. Amending § 8.01-249. (Patron-Alexander, HB 1664 (F))

Psychological tests; court may, upon motion, seal test received into evidence. Amending § 19.2-267; adding § 8.01-413.03. (Patron-Hanger, SB 1089 (F))

Sewage disposal systems; localities to use properly licensed contractor to issue civil summonses for certain violations. Amending § 15.2-2122. (Patron-Robinson, HB 1969 (F))

Sexual abuse; extends limitations period for actions committed during infancy or incapacity of abused person, etc. Amending § 8.01-243. (Patron-Albo, HB 1476 (Chapter 617); Quayle, SB 1145 (Chapter 641))

Sovereign immunity; State, etc., have an appeal of right to Supreme Court of Virginia of any order denying a plea. Amending § 8.01-670.1. (Patron-Stanley, SB 1381 (F))

Statutory rules of evidence in civil actions; defines terms official publication and publish. Amending § 8.01-385. (Patron-Poindexter, HB 2055 (Chapter 81))

Subpoenaed nonjudicial records; party requesting is liable for reasonable charges of State including searching, copying, etc. Amending § 8.01-390. (Patron-Marsden, SB 1169 (F))

Summary judgment; documents that can serve as basis for motion. Amending § 8.01-420. (Patron-O’Bannon, HB 309 (CD))

Temporary injunctions; considerations in awarding. Amending § 8.01-628. (Patron-Petersen, SB 851 (F))

Uniform Arbitration Act; vacating arbitration award. Amending § 8.01-581.010. (Patron-Edwards, SB 156 (CD))

Uniform Commercial Code; negotiable instruments and bank deposits and collections. Amending §§ 8.3A-103, 8.3A-106, 8.3A-116, 8.3A-119, 8.3A-305, 8.3A-312, 8.3A-416, 8.3A-417, 8.3A-419, 8.3A-602, 8.3A-604, 8.4-104, 8.4-105, 8.4-207.1, 8.4-207.2, 8.4-210, 8.4-301, and 8.4-403. (Patron-Merricks, HB 1718 (F))

Uniform Commercial Code; prohibits inclusion in a sales agreement that would limit buyer’s ability to recover costs of repairing work by defective materials or workmanship. Amending § 8.2-719. (Patron-Bulova, HB 699 (CD))

Virginia Biased-Based Profiling and Traffic Statistics Reporting Act; requires state and local police officers to record certain data regarding motor vehicle stops. Adding §§ 8.01-226.11:1, 15.2-1722.1, and 52-30.1 through 52-30.5. (Patron-Englin, HB 2466 (F))

Virginia Fraud Against Taxpayers Act; issuance of civil investigative demands. Amending § 8.01-216.2. (Patron-Petersen, SB 831 (F))

Virginia Fraud Against Taxpayers Act; provides that designee of Attorney General may issue civil investigative demands. Amending §§ 8.01-216.2, 8.01-216.3, 8.01-216.8, 8.01-216.9, 8.01-216.10, and 8.01-216.17. (Patron-Vogel, SB 1262 (Chapter 676))

Virginia Fraud Against Taxpayers Act; repeals authority of Attorney General to issue civil investigative demands. Repealing §§ 8.01-216.10 through 8.01-216.18. (Patron-McEachin, SB 1314 (I) See SB831)

Virginia Fraud Against Taxpayers Act; waiver of sovereign immunity. Amending §§ 8.01-216.2 and 8.01-216.8. (Patron-Janis, HB 1399 (Chapter 651))

Virginia Tort Claims Act; includes localities and abolishes sovereign immunity up to maximum limits of statutory cap on damages. Amending §§ 8.01-195.2 through 8.01-195.8. (Patron-Alexander, HB 2452 (F))