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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2004 SESSION
Chairman: Kenneth W. Stolle
Clerk: Larry M. Girvin
Staff: Jescey French, Mary K. Felch
Date of Meeting: February 11, 2004
Time and Place: Wednesday, 2:00 P.M., Senate Room A
Revised Added SB 668
Patron: Cuccinelli
Nonsuits. Provides that a party shall not be allowed to suffer a nonsuit unless he does so on or before a date that is at least 14 days prior to the trial date. Under current law, a plaintiff may suffer one nonsuit of right at any point before the court sustains a motion to strike the evidence, before the jury retires, or before the action has been submitted to the court for decision.
Patron: Stolle
Appeal bonds. Eliminates the current $25 million ceiling on an appeal bond securing non-compensatory damages and establishes in its place a $25 million ceiling on an appeal bond securing all damages awarded the appellee. Provides that where the appellee shows dissipation of assets by the appellant, the court may require the appellant to post a bond or irrevocable letter of credit in an amount up to the full amount of judgment.
Patron: Potts
Limitation on recovery in medical malpractice actions; limitation on noneconomic damages. Strikes the previously scheduled increases in the medical malpractice recovery cap that were to occur in 2005, 2006, 2007, and 2008. Current law provides, pursuant to the struck language, for the $1.5 million cap to increase by $50,000 each year from 2000 to 2006 and to increase by $75,000 in 2007 and 2008. Pursuant to this provision, the last increase would be $50,000 in 2004. The bill also establishes a $500,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $500,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses.
Patron: Norment
Transmission of prisoner orders. Provides that the certified copies of the orders that the clerk of court must transmit to the Department of Corrections when a person is convicted of a felony shall be transmitted by facsimile or by electronic mail. Under current law the method of transmission is not specified. The bill also clarifies that the 30 days in which the transmission must occur runs from the date the judge enters the final order.
Patron: Norment
Technology Trust Fund Fee. Increases the fee from $3 to $5 and allows the use of the Trust Fund for developing and updating land records automation plans for individual clerks' offices; modernizing land records in individual clerks' offices and providing remote access to land records statewide; obtaining and updating office automation and information technology equipment; preserving, maintaining and enhancing court records, including, but not limited to, the costs of repairs, maintenance, service contracts and system upgrades; and improving public access to court records. The bill allows the clerk to use the Trust Fund for technology improvements in the law and chancery and criminal divisions after implementation of automation of land records with statewide remote access.
Patron: Wampler
Reporting of assault and battery of a spouse or partner by military personnel. Requires a court to report a finding of guilt or a deferral of a finding of guilt of assault and battery of a spouse or partner by an active duty member of the United States Armed Forces to family advocacy representatives of the United States Armed Forces. The bill defines "spouse or partner" as a spouse or former spouse, whether or not he or she resides in the same home as the active duty member; an individual who has a child in common with the active duty member, whether or not he or she has been married to or lives in the same home as the active duty member; or an individual who cohabits with, or has cohabited in the previous 12 months with, the active duty member.
Impact Statements
Patron: Stolle
Judicial Inquiry and Review Commission; confidentiality. Removes the confidentiality of any evidence transmitted to the House and Senate Committees for Courts of Justice or to any member of the General Assembly concerning a judge who is up for election or reelection. The bill also removes the confidentiality surrounding complaints made and information given to the Commission except for those who receive a complaint in an official capacity, investigate a complaint, or participate in the official recording or transcription of proceedings of the Commission.
Patron: Norment
Peer review entities; privileged communications. Extends the privileges of confidential communications to quality assurance or peer review committees established under (i) a national or state peer review entity, (ii) a national or state accreditation entity, (iii) a national professional association of health care providers or Virginia chapter of a national professional association of health care providers, or (iv) a statewide or local association representing health care providers licensed in the Commonwealth.
Patron: Stolle
Inadequate damages; additur. Amends provision that allows court to find as a matter of law that the damages awarded by the jury are inadequate and award a new trial or require the defendant to pay an amount in excess of the verdict to state that the provision applies only upon request of a party.
Patron: Newman
Medical malpractice; limit on attorney fees. Provides that beginning with medical malpractice actions accruing on or after July 1, 2004, attorney fees shall be limited in accordance with the following fee schedule: 40 percent of the first $50,000 of the sum recovered; 33 and one-third percent of the next $50,000 recovered; 25 percent of the next $500,000 recovered; and 15 percent of any amount greater than $600,000 of the sum recovered. The bill applies the percentage limitations to the sum recovered by the plaintiff through trial, settlement, or arbitration, less the expenses related to the action but including any liens for medical care or treatment. On application of the attorney, and with notice to the plaintiff, the court in which the action is pending may adjust the compensation that would be awarded by the fee schedule on the basis of specific factors, including the extent to which the sum recovered, less any legal fees, compensates the plaintiff for his damages.
Patron: Ticer
Crimes against nature. Provides that human carnal knowledge is not a crime where all persons are consenting adults who are not in a public place and not engaged in prostitution.
Patron: Obenshain
Child abuse and neglect; definition. Amends the definition of child abuse and neglect to include any child whose parents or other person responsible for his care allows him to be in the presence of, or on the premises during the distribution, manufacture or attempted manufacture of, a controlled substance or marijuana.
Impact Statements
Patron: Mims
Arrest and detention. Allows a law-enforcement officer acting upon reasonable suspicion that a criminal offense has occurred, is occurring or will occur to detain without a warrant until the individual can be taken into federal custody, an individual who is an illegal alien and who is subject to deportation. The bill provides that if a law-enforcement officer is unable to verify the identity of a person he shall follow the procedure for arrest without a warrant and have the person brought before a magistrate or other issuing authority for a probable cause hearing. If a warrant is not issued after the probable cause hearing the individual may be detained until law enforcement receives notification of his identity or until he is taken into federal custody. The bill creates a presumption that an individual shall not be admitted to bail if he is an illegal alien.
Patron: Mims
Purchase money trusts. Provides that any deed of trust that secures a loan is deemed a purchase money deed of trust if the proceeds are used by the borrower to acquire real property.
Patron: Mims
Release of deed of trust or other lien. Allows a lien creditor to directly file a certificate of satisfaction with the clerk instead of going through a settlement agent or attorney.
Patron: Howell
Loaded firearms in restaurants. Prohibits the carrying of a loaded firearm in a restaurant or club with an ABC license. There is an exception for law-enforcement officers and for the owners and employees of the club or restaurant who have a concealed handgun permit.
Patron: Obenshain
Sex Offender and Crimes Against Minors Registry Act. Adds to the list of those required to register under the act, any person who has solicited or has attempted to solicit, by use of a communications system, (i) a person under 18 years of age for the purpose of enticing that person to perform in or be a subject of sexually explicit visual material or otherwise be involved in the production, publication, sale, or possession with the intent to distribute such material, or (ii) a person under the age of 18 years of age for the purpose of violating the law that prohibits the possession of child pornography.
Patron: Cuccinelli
Carrying concealed handgun; alcohol consumption. Repeals the prohibition on carrying a concealed handgun in a restaurant or club and revises the Class 1 misdemeanor provision by providing that it is a Class 1 misdemeanor to carry a concealed handgun in a public place after consuming alcohol or while under the influence of an illegal drug. The bill provides that a blood alcohol level of 0.02 or less is not a violation. The bill provides that anyone who has a concealed handgun permit is deemed to have consented to have his blood and breath samples taken. An unreasonable refusal is grounds for revocation of the handgun permit for five years and subjects the person to a civil penalty of not more than $500.
Patron: Deeds
Circuit court clerks; filing of documents. Allows a circuit court clerk to refuse to accept an instrument if the first page of the document does not contain the name of the title insurance underwriter and the policy number or a statement that there is no title insurance or that the policy number is not available or is unknown.
Patron: Newman
Noneconomic damages; limitation. Establishes a $250,000 limitation on noneconomic damage awards in medical malpractice suits, i.e., pain and suffering awards. This provision also provides that, for the purposes of applying this limitation, future noneconomic damages will not be discounted to present value. Further, if separate awards are rendered for past and future noneconomic damages and the combined awards exceed $250,000, the future noneconomic damages will be reduced first. Juries will not be informed about the maximum award for noneconomic damages. "Noneconomic damages" includes physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium, and other related nonpecuniary losses. The bill also allows periodic payments of future damages where the amount of the future damage is more than $50,000. In addition, the defendant is allowed to introduce evidence of reimbursement that the plaintiff obtained for expenses related to the injury.
Patron: Stolle
Supreme Court. Allows the Chief Justice to designate senior, retired, or active judges of the Court of Appeals to serve on panels of the Supreme Court that consider petitions for appeal.
Patron: Lucas
Drug treatment courts. Establishes drug treatment courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and strict supervision of addicts in drug and drug-related cases.
Patron: Edwards
Mentally ill defendants. Provides that a defendant in a criminal matter may be hospitalized if so seriously mentally ill as to be unable to care for himself. Under current law the standard is "imminently dangerous to self or others."
Patron: Stolle
Guns in airports. Provides that it is a Class 1 misdemeanor for any person to possess or transport into any air carrier airport terminal in the Commonwealth any (i) gun or other weapon designed or intended to propel a missle or projectile of any kind, (ii) frame, receiver, muffler, silencer, missle, projectile or ammunition designed for use with a dangerous weapon and (iii) any other dangerous weapon, including explosives, tasers, stun weapons and those weapons specified in subsection A of §18.2-308. This prohibition does not apply to law-enforcement officers or a ticketed passenger who transports a lawful firearm into or out of an air carrier airport terminal to check the firearm with his luggage or retrieve the firearm from the baggage claim area.
Impact Statements
Patron: Mims
Constitutional nexus for imposition of sales and use tax; declaratory judgment. Provides that a nexus must exist between Virginia and a business before that business is obligated to collect and remit sales and use taxes to the Commonwealth. Also grants circuit courts original jurisdiction over civil actions where a Virginia business seeks a declaratory judgment that the business is not obligated to collect and remit sales and use taxes to another state.
Impact Statements
Patron: Obenshain
Criminal procedure; magistrates. Eliminates the prohibition of appointing a person as a magistrate if such person's spouse is a law-enforcement officer.
Patron: Cuccinelli
Involuntary commitment hearings; law students. Provides that it is not the unauthorized practice of law for a third-year law student at a Virginia law school to represent a petitioner in an involuntary mental commitment hearing without the presence of a practicing attorney. The student must have completed certain coursework and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services and that he can be held liable only for intentional malfeasance.