SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2008 SESSION

  • print version
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: February 7, 2008
Time and Place: 4:00 PM, 3rd Floor East Conference, General Assembly Building

S.B. 170 Custody and visitation orders; modification based on active military duty.

Patron: Blevins

Custody and visitation; modification based on active military duty. Provides that a court cannot modify a custody or visitation order when one parent is on active military duty; however, a court may enter a temporary order modifying the prior custody or visitation order if it is in the best interests of the child. Any such temporary order expires upon the termination of the parent's active military duty, and the prior order is reinstated. Any such temporary order may also include a delegation of the visitation rights of a parent on active military duty to another person with a legitimate interest.

S.B. 188 Military Parents Equal Protection Act; created.

Patron: Herring

Virginia Military Parents Equal Protection Act; creation.  Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody, visitation, or support of a child due to changed circumstances resulting from one parent's military service. Any modifications made to such orders are only effective for the length of the parent's military service. The bill defines military service as a combat deployment, contingency operation, or natural disaster requiring the use of orders that do not permit any family member to accompany a parent who is in the military. The bill also imposes a duty on the parent not in the military to accommodate the rights and leave schedule of the other parent.

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. 454 Residential Property Disclosure Act; disclosure of stormwater detention facilities.

Patron: Petersen

Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.  Requires the owner to disclose to the purchaser prior to settlement the presence of any storm water detention facilities on the property.

S.B. 563 Civil cases; time limit for those held under advisement.

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. 725 Grounds for divorce; minor children.

Patron: Cuccinelli

Grounds for divorce; minor children.  Provides that a married couple who have minor children may not obtain a divorce based on separation if the other party files a written objection with the court.