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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.
2008 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 21, 2008
Time and Place: 8:30 am, General Assembly Building, Senate Room A
S.B. 19 Judges; increases mandatory retirement age.
Patron: Edwards
Mandatory retirement age for judges. Increases the mandatory retirement age for judges from age 70 to age 75.
S.B. 23 Judgment; assignment shall be noted upon judgment docket.
Patron: Reynolds
Assignment of judgment; docketing. Requires that an assignment of a judgment shall be noted upon the judgment docket. Such a notation is currently discretionary. If no notation is made, the judgment shall be considered satisfied.
S.B. 34 Judges; increases mandatory retirement age.
Patron: Deeds
Mandatory retirement for judges. Increases the mandatory retirement age for judges from age 70 to age 75.
S.B. 39 Traffic accident reports; increases amount of damage threshold to be reported by law enforcement.
Patron: Deeds
Traffic accident reports. Increases from $1,000 to $5,000 the damage threshold at which traffic accidents become "reportable."
S.B. 76 Law-Enforcement Officers Procedural Guarantee Act; changes to process and procedures.
Patron: Cuccinelli
Law-Enforcement Officers Procedural Guarantee Act. Makes several changes as to the process and procedures afforded to officers under the procedural guarantee act, clarifying several existing rights and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing.
S.B. 77 Eminent domain; offer of repurchase to former owner.
Patron: Cuccinelli
Eminent domain; offer of repurchase to former owner. Makes the "offer to the former owner to repurchase" under eminent domain apply to any interest acquired by the condemnor. Currently, it applies only to fee simple interests.
S.B. 95 Pyramid promotional schemes; definition thereof, penalty.
Patron: Reynolds
Definition of pyramid promotional schemes; penalty. Clearly defines activities described as "pyramid promotional schemes" and punishes any person who establishes, promotes, operates, or participates in any pyramid promotional scheme with a Class 1 misdemeanor. Currently, participation in such a scheme is not a crime.
S.B. 100 Protective orders; child custody and visitation.
Patron: Cuccinelli
Protective orders; custody and visitation; access to child. Requires a court, when entering an order on behalf of another petitioner, to independently determine whether such order should prohibit contacts between a child and the person subject to a protective order, who is the parent or other custodian of the child. The court shall determine whether prohibiting such contacts in the protective order is necessary to protect the health and safety of the child and that there are no less drastic alternatives available. If the court determines that such contacts should not be prohibited, the court shall include in the protective order how such contacts will be maintained without violating the terms of the order.
S.B. 109 Criminal history record information; required for transfer of firearms.
Patron: Marsh
Transfer of firearms; criminal records check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
S.B. 118 Notarial certificates; removes requirement that wording appear on same page as signature.
Patron: Edwards
Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.
S.B. 180 Clerk's office; preservation of papers.
Patron: Marsh
Preservation of papers in clerk's office. Requires that originals of all papers in the clerk's office be retained, even if reproduced electronically, and shall be destroyed only in accordance with law.
S.B. 213 Pleadings; naming represented person or fiduciary as party to an action.
Patron: Edwards
Fiduciaries; naming represented person or fiduciary as the party to an action. Allows either the fiduciary, or the person being represented by the fiduciary, to be named as the party to the action without prejudicing the underlying action. This bill also applies to persons who are deemed to lack capacity due to mental defect.
S.B. 248 Circuit and district courts; use by Virginia State Bar of additional fees.
Patron: Howell
Additional fees in certain courts; use by Virginia State Bar. Increases the civil action filing fee in circuit and district court to $10. Currently, the fee is $5. The additional $5 would be deposited into the Legal Aid Services Fund.
S.B. 327 Notarial certificates; removes requirement that wording appear on same page as signature.
Patron: Quayle
Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.
S.B. 355 Law-Enforcement Officers Procedural Guarantee Act; changes process and procedures.
Patron: Deeds
Law-Enforcement Officers Procedural Guarantee Act. Makes several changes in the process and procedures afforded to officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation. The bill also grants the officer under investigation an opportunity to review the file at the conclusion of the investigation.
S.B. 391 DUI Court; establishing in City of Colonial Heights and Chesterfield County.
Patron: Martin
DUI Court. Allows Chesterfield and Colonial Heights General District Courts to use a special docket to run a driving under the influence court based on the state drug court model. Participants will be those who violate ASAP program requirements, but participation will not result in a reduction of charges.
S.B. 550 Notarial certificates; removes requirement that wording appear on same page as signature.
Patron: Hurt
Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.
S.B. 605 Court of Appeals; en banc hearings.
Patron: Stolle
Court of Appeals; en banc hearings. Clarifies that when there is a dissent in a panel opinion and an aggrieved party requests an en banc hearing, at least four judges of the court must vote in favor of the hearing. The bill makes it clear that the voting judges must be active and would not include retired judges sitting by designation.
S.B. 610 Compensation of court-appointed counsel; juvenile offenders.
Patron: Stolle
Compensation of court-appointed counsel; juvenile offenders. Provides that court-appointed counsel who are appointed to defend a juvenile in district court for an offense that would be a felony if committed by an adult may request a waiver on the compensation cap up to certain specified amounts depending on the charges being defended when the effort expended, the time reasonably necessary for the particular representation, the novelty and difficulty of the issues, or other circumstances warrant such a waiver. The maximum amounts of the waivers allowed are fixed at the level of the compensation cap for defending adults of the same crimes in circuit court.