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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Deeds

Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 17, 2008
Time and Place: 4:00 PM, General Assembly Building, Senate Room A

S.B. 12 Service of process; cost of return.

Patron: Puller

Return of service of process; costs. Provides that if a sheriff who has received process or papers to be served by him fails to return service of process within 72 hours of effecting service, the party requesting service of process may elect to have process served by a private process server. The party shall give notice of such an election to the clerk's office that issued the process and the sheriff prior to making such an election. If, at the time such notice is received, return of service of process has still not been made, the sheriff shall be liable for the costs subsequently incurred in effecting service as well as costs incurred in collecting the costs of service.

S.B. 17 Medical services; State's lien for payment.

Patron: Edwards

Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.

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. 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. 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. 213 Fiduciaries; naming represented person or fiduciary as the 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. 232 Residential Landlord and Tenant Act; landlord and managing agent immunity for mold claims.

Patron: McDougle

Landlord and managing agent immunity for mold claims.  Provides immunity for landlords and managing agents if they are in compliance with the Virginia Residential Landlord and Tenant Act. Managing agents can be held liable for affirmative acts of negligence. Any party who pleads a defense pursuant to this immunity shall be entitled to a hearing on the merits after limited discovery and before adjudication of the underlying claim.

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. 265 False academic credentials; creates civil cause of action for person who is damaged thereby.

Patron: Deeds

False academic credentials. Creates a civil cause of action for persons who are damaged by a person who knowingly manufactures, issues, or uses a false academic credential to gain advantages in employment or education. Under current law there is a criminal penalty (Class 3 misdemeanor) for a person who materially falsifies or alters a transcript or diploma and fraudulently uses it for pecuniary gain.

S.B. 269 Law-enforcement employees and firefighters, etc.; extends coverage under overtime compensation.

Patron: Deeds

Law-enforcement; overtime compensation.  Extends the coverage under the overtime compensation for law-enforcement employees and firefighters, etc., to include state police and employers with less than 100 law-enforcement employees.

S.B. 313 Child support; exemption for parents who are imprisoned for life.

Patron: Edwards

Child support; exemption; parents who are imprisoned for life.  Clarifies that only parents who are imprisoned for life with no chance of parole are exempted from paying the presumptive minimum child support obligation of $65 per month.  Currently, all parents who are imprisoned with no chance of parole are exempted.

S.B. 328 No-fault divorce; evidence required. 

Patron: Quayle

No-fault divorce; evidence required. Allows a decree of divorce to be issued on the affidavit of one party to the marriage if no minor children are involved and there is no dispute regarding spousal support or property distribution. And if the plaintiff is indigent, allows an order stating the object of the suit and grounds thereof, in lieu of publication, to be posted on the courthouse door.

S.B. 330 Custody and visitation cases; admissibility of mental health care records.

Patron: Quayle

Admissibility of mental health care records in custody and visitation cases. Repeals the current law that provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives.

S.B. 331 Custody and visitation cases; admissibility of mental health care records.

Patron: Cuccinelli

Admissibility of mental health care records in custody and visitation cases.  Repeals the current law, which provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives. 

S.B. 337 Courtroom proceedings; provides general & juvenile & domestic relations district courts may record.

Patron: Cuccinelli

Recording courtroom proceedings.  Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.

S.B. 394 Parental rights; appeal when terminated.

Patron: Edwards

Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.

S.B. 518 Custody and visitation; ex parte orders.

Patron: Quayle

Custody and visitation; ex parte orders. Limits when an ex parte order establishing or modifying custody or visitation to situations where the child would be (i) subjected to an imminent threat to life or health to the extent that severe or irremediable injury would be likely to result, or (ii) in cases to establish custody or visitation, removed from the court's jurisdiction to the child's immediate detriment. The party applying for an ex parte order must show that he has made a good faith attempt to give notice to the other party or that giving such notice would compound the threat to the child. If an ex parte order is entered, a preliminary hearing must be held within five business days where the party applying for the ex parte order must present his application de novo.

S.B. 563 Cases held under advisement; time limit.

Patron: Obenshain

Cases held under advisement; time limit. Provides that whenever a judge of a circuit court holds a civil case under advisement for more than 90 days after final submission of the case, the court shall report, in writing, to the parties or their counsel an expected time of a decision. If such a judge (i) holds a civil case under advisement for more than 90 days, (ii) fails to make the required written report, or (iii) fails to render a decision within the expected time stated in the report, any party may notify the Chief Justice of the Supreme Court. The Chief Justice, or any justice designated by him, shall then inquire into the cause of the delay and may designate a judge or retired judge of a court of record or take other appropriate action to assist the regular judge in the performance of his duties. Current law only provides that the Chief Justice, or any justice designated by him, shall inquire into the cause of a delay if a civil case has been held under advisement for an unreasonable length of time. This bill is a recommendation of the Boyd-Graves Conference.

S.B. 564 Appeal bonds; support cases.

Patron: Obenshain

Appeal bonds; support cases.  Provides that a party may elect to appeal only the portions of a juvenile and domestic relations district court judgment (i) establishing or modifying support, or (ii) convicting him or holding him in contempt for failure to support, without appealing any portion of the judgment establishing a support arrearage. If such an election is made, the portion of the judgment establishing an arrearage remains in full force and effect and is not subject to appeal. The bill also clarifies that only parties who appeal the portion of a judgment establishing a support arrearage, either alone or in conjunction with an appeal of a support order, have to post an appeal bond. This bill is a recommendation of the Boyd-Graves Conference.

S.B. 566 Withdrawal of appeals from district courts; civil proceedings.

Patron: Obenshain

Withdrawal of appeals from district courts; civil proceedings. Establishes procedures for parties who appeal decisions from district courts in civil actions to withdraw such appeals. Currently there are only procedures for the withdrawal of appeals from district courts in certain criminal cases. This bill is a recommendation of the Boyd-Graves Conference.

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. 622 Circuit Court clerks;electronic filing and recording;digital reproduction; recordation of judgments.

Patron: Stolle

Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including: use of the last four digits of a social security number on judgments (filer is responsible); that the clerk may provide information from a locality to remote access users; filer is responsible for cover sheet accuracy; allowing the clerk to rely on the cover sheet to index; the difference between e-filing of court records and e-recording of land records. The bill also provides standard definitions of subscriber, secure remote access, public access, and electronic recording of land records. The bill establishes a $5 per document fee for e-recording of a land record and provides for a $50 per month subscription rate for remote access to land, civil, and criminal records. The bill also increases various fees collected by clerks to generate revenue for deputy clerk salary increases.

S.B. 629 Child support; exemptions from presumptive minimum monthly obligation. 

Patron: Ticer

Child support; exemptions from presumptive minimum monthly obligation.  Provides that a period of incarceration in a state or local correctional facility shall not constitute voluntary unemployment or bad faith for the purpose of calculating child support. This bill also creates an exemption from the minimum monthly child support payment for obligors who lack sufficient assets from which to pay child support and who are incarcerated in a state or local correctional facility.

S.B. 630 Child support; accrual of interest on debts due.

Patron: Ticer

Child support; accrual of interest on debts due. Provides that interest shall not accrue on child support debts due where an obligor is incarcerated in a state facility, during the period of incarceration.