2012 SESSION

Convened January 11, 2012
Adjourned sine die March 10, 2012
Reconvened April 18, 2012
Adjourned sine die April 18, 2012

CIVIL REMEDIES AND PROCEDURE

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

(C) Carried over

Appeals, Court of; abolishes Court effective October 1, 2012. Amending §§ 1-212, 2.2-511, 2.2-2905, 2.2-3114, 4.1-224, 4.1-227, 8.01-20, 8.01-113, 8.01-267.8, 8.01-429, 8.01-626, 8.01-645, 8.01-649, 8.01-651, 8.01-665, 8.01-669 through 8.01-671, 8.01-675.3, 8.01-675.4, 8.01-676.1, 10.1-603.12:5, 10.1-603.13:1, 10.1-1319, 15.2-1639, 16.1-106, 16.1-131.1, 16.1-242.1, 16.1-248.1, 16.1-296, 16.1-298, 17.1-106, 17.1-112, 17.1-132, 17.1-221, 17.1-283, 17.1-285, 17.1-319, 17.1-330, 17.1-331, 17.1-604, 17.1-700, 17.1-703, 17.1-706, 17.1-802, 17.1-900, 18.2-31, 18.2-308, 19.2-11.2, 19.2-119, 19.2-163.3, 19.2-266, 19.2-317, 19.2-318 through 19.2-321, 19.2-321.2, 19.2-322.1, 19.2-325, 19.2-327, 19.2-327.10 through 19.2-327.13, 19.2-368.8, 19.2-398, 19.2-400, 19.2-402 through 19.2-405, 19.2-409, 28.2-220, 29.1-824, 30-5, 33.1-358, 37.2-1105, 38.2-3405, 38.2-5011, 40.1-49.5, 40.1-51.38, 46.2-321, 46.2-341.34, 46.2-362, 46.2-410, 46.2-1578, 46.2-1988, 46.2-1992.82, 46.2-1993.79, 46.2-2825.3, 49-13, 49-22, 53.1-40.1, 53.1-78, 54.1-3935, 54.1-3937, 57-2.02, 57-67, 58.1-2282, 58.1-4027, 60.2-500, 60.2-625, 60.2-631, 62.1-44.24, 62.1-44.30, 62.1-111, 63.2-1216, 65.2-101, 65.2-701, and 65.2-706; repealing §§ 8.01-677.1, 17.1-400 through 17.1-418, 19.2-321.1, 19.2-407, and 19.2-408. (Patron-Deeds, SB 630 (F))

Application of foreign law; court decisions and contracts will be void as violation of public policy of State. Adding §§ 8.01-465.26 through 8.01-465.30. (Patron-Morris, HB 631 (C))

Application of foreign law; court decisions will be void as violation of public policy of State. Adding § 8.01-465.26. (Patron-Marshall, R.G., HB 825 (C))

Civil remedies; use of depositions. Amending § 8.01-420. (Patron-Head, HB 1138 (C))

Compensation for wrongful incarceration; eliminates 20-year maximum for calculating. Amending § 8.01-195.11. (Patron-McEachin, SB 655 (Chapter 675))

Concealed handgun permittees; criminal history record information check for transfer of certain firearms, exemption. Amending § 18.2-308.2:2. (Patron-Merricks, HB 592 (C))

Concealed handgun permittees; exemption from criminal history record information check for transfers of firearms in State for persons holding valid Virginia-issued permit. Amending § 18.2-308.2:2. (Patron-Gilbert, HB 859 (C))

Condominium and Property Owners’ Association Acts; requires award to prevailing party in an action brought under Acts for noncompliance with declaration of reasonable attorney fees, etc., expended in matter, and interest on judgment. Amending §§ 55-79.53, 55-79.73, and 55-515. (Patron-Watts, HB 411 (F))

Court distributions; increases amount of money or property that a court may distribute. Amending § 8.01-606. (Patron-Kilgore, HB 134 (Chapter 43))

Criminal history information; prohibits sale of information concerning person’s conviction of criminal offense when arrest and charge history for that offense has been expunged. Amending § 59.1-200. (Patron-Surovell, HB 679 (C))

Criminal history record information; allows State Treasurer access for determining whether a person receiving compensation for wrongful incarceration has been convicted of a felony. Amending § 19.2-389. (Patron-Keam, HB 1123 (Chapter 40))

Criminal history record information check; elimination of fees. Amending § 18.2-308.2:2. (Patron-Ramadan, HB 1012 (C))

Criminal history record information check; making false statements, penalty. Amending § 18.2-308.2:2. (Patron-Miller, HB 1103 (F); McDougle, SB 435 (C))

Criminal history record information check; record check to be performed on prospective transferee before vendor may transfer firearms at gun show. Amending §§ 54.1-4200 and 54.1-4201.1; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-McClellan, HB 364 (F))

Criminal history record information check; required forms provided by State Police to include name, birth date, gender, etc., upon sale of a firearm. Amending § 18.2-308.2:2. (Patron-Ruff, SB 429 (C))

Criminal history record information check; transfer of rifles and shotguns. Amending §§ 16.1-253.5, 16.1-305, and 18.2-308.2:2. (Patron-Black, SB 612 (C))

Criminal history record information checks upon handgun purchases; maintenance and dissemination of registry information. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, HB 237 (C))

Death by wrongful act; whenever fetal death, natural mother may bring an action against person, corporation, etc. Amending § 8.01-50. (Patron-Stanley, SB 674 (Chapter 725))

Deferred disposition; a trial court presiding in a criminal case shall announce judgment within 72 hours of conclusion of guilt phase of trial, exception. Adding § 19.2-298.02. (Patron-Albo, HB 51 (I) See HB750)

District court; appeal of judgment in civil case to circuit court. Amending §§ 16.1-69.55 and 16.1-112. (Patron-Iaquinto, HB 284 (F))

Driving under influence of alcohol; award of exemplary damages. Amending § 8.01-44.5. (Patron-Surovell, HB 680 (F))

Foreign service workers and military; exemptions from jury service. Amending § 8.01-341.1. (Patron-Bulova, HB 1201 (Chapter 98))

Forensic evidence; delay in collecting may adversely affect ability to prosecute suspected sexual assault cases. Amending §§ 37.2-1104, 54.1-2969, 54.1-2982, and 63.2-1520. (Patron-Barker, SB 205 (F))

Garnishment; corrects form listing exemptions by replacing reference to rent or services of laborer or mechanic with spousal or child support. Amending § 8.01-512.4. (Patron-McClellan, HB 362 (Chapter 23); Howell, SB 89 (Chapter 79))

Garnishment; garnishee shall pay any money on behalf of judgment debtor directly to creditor or creditor’s attorney instead of to court. Amending §§ 8.01-512.3, 8.01-514, 8.01-515, 8.01-516.1, 8.01-517, and 8.01-520; adding § 8.01-520.1. (Patron-Herring, HB 1093 (F))

Garnishment; venue, if judgment creditor cannot secure judgment debtor’s social security number, garnishment shall be issued without such number. Amending § 8.01-511. (Patron-Iaquinto, HB 1147 (Chapter 251); Petersen, SB 625 (Chapter 129))

Garnishment, previous; costs incurred by judgment creditor after entry of judgment are chargeable against judgment debtor. Amending § 8.01-511. (Patron-Iaquinto, HB 286 (Chapter 409); Obenshain, SB 561 (Chapter 127))

Habeas corpus; oral argument on motion. Amending § 8.01-654. (Patron-Minchew, HB 915 (F))

Homestead exemption; increases from $5,000 to $25,000 if householder is 65 years of age or older. Amending §§ 8.01-512.4 and 34-4. (Patron-Robinson, HB 993 (F))

Hospitals and physicians; processing health insurance claims. Adding §§ 8.01-27.5, 32.1-137.02, and 54.1-2910.02. (Patron-McEachin, SB 650 (C))

Human trafficking hotline; posted notices, civil penalty. Adding § 40.1-11.3. (Patron-Bulova, HB 1200 (Chapter 630))

Indemnifying bond; clarifies that State is not required to give bond that an authority may require before levying an attachment, etc. Amending § 8.01-367. (Patron-Farrell, HB 521 (Chapter 206))

Injunctions; requirement for bond. Amending §§ 8.01-630, 8.01-631, and 8.01-676.1. (Patron-Loupassi, HB 102 (Chapter 8); Obenshain, SB 59 (Chapter 77))

Interest on appeal; computed from date of filing notice of appeal to date appellate court issues mandate. Amending § 8.01-682. (Patron-Surovell, HB 681 (Chapter 58))

Judgment; payee, obligee, etc., may appoint substitute for any attorney-in-fact authorized to confess. Amending § 8.01-435. (Patron-Habeeb, HB 648 (Chapter 31); Stanley, SB 416 (Chapter 118))

Judgments; statute of limitations. Amending § 8.01-251. (Patron-O’Quinn, HB 755 (F))

Landlord and tenant laws; allows plaintiff in an unlawful detainer action to submit electronic or paper copies of a properly executed lease under certain circumstances. Amending §§ 8.01-126, 54.1-517.4, 55-225.8, 55-225.10, 55-225.12, 55-225.13, 55-225.14, 55-243, 55-248.4, 55-248.7:2, and 55-248.34:1. (Patron-Greason, HB 1110 (Chapter 788))

Mortgage lenders and mortgage brokers; criminal background checks. Amending §§ 6.2-1605, 6.2-1608, and 19.2-389. (Patron-Watkins, SB 124 (Chapter 189))

Motor vehicle accident; satisfaction of judgments for damages, suspensions requested by creditor. Amending §§ 46.2-417 and 46.2-427. (Patron-Deeds, SB 365 (F))

Personal jurisdiction; expands long-arm statute, acknowledging parentage. Amending § 8.01-328.1. (Patron-Herring, HB 1094 (F))

Persons acting in defense of property; civil immunity provided for an occupant of dwelling who uses any degree of physical force while engaged in defense of his dwelling, etc. Adding § 8.01-223.3. (Patron-Habeeb, HB 14 (F); Bell, Richard P., HB 47 (F))

Public records; retention and destruction of original records by clerk of circuit court. Amending §§ 8.01-391, 15.2-1412, and 17.1-213; repealing § 17.1-209. (Patron-Anderson, HB 1054 (F); Webert, HB 1143 (F))

Public schools; local school boards shall develop policies for possession and administration of auto-injectable epinephrine. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. (Patron-Greason, HB 1107 (Chapter 787); McEachin, SB 656 (Chapter 833))

Public schools; local school boards shall develop policies to maintain at least two auto-injectable epinephrine pens per school. Amending §§ 8.01-225, 22.1-274, 22.1-274.2, 54.1-3303, and 54.1-3408. (Patron-Farrell, HB 1156 (F))

Rules of Evidence; any amendments or additions to Rule shall be adopted by Supreme Court of Virginia on or before November 15 of any year, etc., rules to conform with enactments of General Assembly. Amending § 8.01-3; repealing § 30-153. (Patron-Loupassi, HB 101 (Chapter 688); Edwards, SB 94 (Chapter 708))

School records; shall be admissible in any matter provided that they are authenticated as true and accurate copies by custodian of records. Amending § 8.01-390.1. (Patron-Bulova, HB 424 (Chapter 499))

Shelters of last resort; civil immunity during disasters. Adding § 8.01-225.03. (Patron-Dance, HB 503 (F))

Shoplifting and employee theft; merchant allowed to recover damages in excess of retail value of unpaid merchandise, if not recovered in merchantable condition during pendency of criminal prosecution. Amending § 8.01-44.4. (Patron-Bell, Robert B., HB 961 (Chapter 526))

Shoplifting and employee theft; provides that civil action may be initiated or maintained by merchant even though criminal action for same conduct has been initiated. Amending § 8.01-44.4. (Patron-Iaquinto, HB 281 (F))

State Police, Department of; access to electronic evidence, provider to authenticate copies of evidence, documents, and related materials. Amending § 52-38. (Patron-Poindexter, HB 1154 (Chapter 542))

Teachers of online courses and college partnership laboratory schools; background checks condition of employment. Amending §§ 22.1-212.26 and 23-299.8. (Patron-Bell, Richard P., HB 577 (Chapter 170))

Threat assessment teams; authorized to receive health and criminal history records of students for purposes of assessment and intervention. Amending §§ 19.2-389, 19.2-389.1, and 32.1-127.1:03. (Patron-Massie, HB 1152 (Chapter 386))

Uniform Commercial Code; incorporates amendments to secured transactions title of Code that have been adopted by National Conference of Commissioners on Uniform State Laws. Amending §§ 4.1-212, 8.2A-103, 8.9A-102, 8.9A-105, 8.9A-307, 8.9A-311, 8.9A-316, 8.9A-317, 8.9A-326, 8.9A-406, 8.9A-408, 8.9A-502, 8.9A-503, 8.9A-507, 8.9A-515, 8.9A-516, 8.9A-518, 8.9A-526, 8.9A-527, and 8.9A-607; adding §§ 8.9A-521.1 and 8.9A-801 through 8.9A-809; repealing § 8.9A-521. (Patron-Watkins, SB 51 (Chapter 155))

Virginia Fraud Against Taxpayers Act; regulation of medical assistance. Amending §§ 2.2-3705.5, 8.01-216.8, 8.01-216.10, 32.1-127.1:03, and 32.1-320. (Patron-Vogel, SB 451 (Chapter 479))

Winter Sports Safety Act; limits liability of ski resorts and other winter sports area operators, common law regarding minors. Adding §§ 8.01-227.11 through 8.01-227.23. (Patron-Obenshain, SB 246 (Chapter 713))

Writ of actual innocence; person convicted of felony may petition Supreme Court on basis of biological and nonbiological evidence. Amending §§ 19.2-327.2, 19.2-327.3, 19.2-327.10, and 19.2-327.11. (Patron-Morrissey, HB 1278 (F))

Zoning appeals, board of; jurisdictions imposing civil penalties for violations of zoning ordinance shall not be assessed by a court during pendency of 30-day appeal period. Amending § 15.2-2311. (Patron-Anderson, HB 1059 (Chapter 606))