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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.
2009 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: February 9, 2009
Time and Place: 8:00 AM, Senate Room A
Patron: Locke
Intestate succession; desertion by parents. Provides that if a parent is barred from inheriting from his child through intestate succession because he had willfully deserted or abandoned the child, no person may inherit from the child's estate through intestate succession where the person's only claim on the estate is through the parent who deserted or abandoned the child, unless the person had openly treated the child as his kin and such treatment continued until the death of the child. The bill also provides that the prohibition against a parent inheriting from a child applies regardless of whether the child was still a minor at the time of death.
Patron: Cuccinelli
Campaign finance; prohibited contributions from foreign nationals. Makes it unlawful for a foreign national to make contributions or expenditures in connection with a state or local election and for any person, candidate, campaign committee, or political committee to accept a contribution from a foreign national. Violators are subject to civil penalties. Foreign national has the same meaning prescribed in 2 U.S.C. § 441e, the federal law prohibiting such contributions.
Patron: Marsh
Medical malpractice limit. Raises the total amount recoverable in certain medical malpractice actions to $2,750,000 on July 1, 2009. Such amount recoverable increases on July 1 each year by the annual percent change in the medical care component of the most recent publication of the Consumer Price Index for All Urban Consumers published by the United States Department of Labor, Bureau of Labor Statistics, or by any replacement index adopted by the Department of Labor for medical costs.
Patron: McEachin
Drug-related personal injury actions; limitations. Extends the two-year statute of limitations for personal injury actions in cases where the injury (i) is latent or by its nature not discoverable at the time of its occurrence and (ii) is the result of the ingestion of or exposure to a drug for a period of one year from the date the injury is discovered or reasonably should have been discovered.
Patron: McDougle
Motor vehicles; collection of court costs. Requires where the court waives a fine for certain offenses that court costs still be collected.
Patron: Stuart
Children of certain persons at certain criminal proceedings. Provides that the court shall obtain from (i) persons at bail hearings, (ii) accused persons during arraignment, and (iii) defendants during the placement of probation and shall submit to the Department of Social Services the names, social security numbers, and dates of birth of the persons' and defendants' children, and the names of person having legal custody of such persons' and such defendants' children.
Patron: Obenshain
Fraudulent conveyances; attorney fees. Provides that attorney fees shall be awarded to a creditor in an action where a gift; deed; conveyance, assignment, or transfer of or charge upon the estate of a debtor; suit commenced or decree, judgment, or execution suffered or obtained; or bond or other writing is declared void. The award of attorney fees shall be paid out of the proceeds of a resulting judicial sale, if any, but shall not affect a prior lien creditor not represented by the attorney. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Blevins
Sales of equines by dealers; penalty. Requires that a receipt accompany any sale of a horse greater than $10,000. Any person acting as a dual agent for both the buyer and the seller in such a sale must receive written consent from the principals and disclose any compensation greater than $500. Violators shall be guilty of a Class 1 misdemeanor and civilly liable for treble damages.
Patron: Puller
Trains operated by transportation districts. Establishes a fine for boarding or riding a train with a fraudulent or counterfeit ticket and for using a valid ticket outside the designated zone of the paid ride.
Patron: Puller
Local governments; adoption of ordinances prohibiting delivery of unsolicited newspapers. Authorizes any locality to adopt an ordinance making it unlawful for any publisher or distributor to deliver unsolicited newspapers on private property if the owner of the private property has notified the publisher or distributor of the newspaper to cease delivery.
Patron: Martin
Prayer at public events. Provides that whenever a individual is requested to provide a prayer, invocation, or benediction at a public event that is sanctioned by a governmental agency, such governmental agency shall have no authority to regulate how that individual refers to God in prayer or prohibit the religious content of the individual's prayer, invocation, or benediction, provided such prayer, invocation, or benediction is not used to advance a particular religion or to disparage another faith or belief.
Patron: Petersen
Grand larceny; threshold amount. Increases from $200 to $500 the threshold amount of money or the value of the goods or chattel that the defendant must take before the crime rises from petit larceny to grand larceny.
Patron: Deeds
Department of Employment Dispute Resolution; powers and duties of Director. Removes the power of the Director of the Department of Employment Dispute Resolution to render final decisions on all matters related to procedural compliance with the state employee grievance procedure.
Patron: Obenshain
Juvenile probation and parole reports; transmission to school superintendent. Requires juvenile probation officers to transmit probation and parole reports, including intake, social history and sentencing reports, to school superintendents for crimes for which they must notify the school division if there is a petition filed under existing law. The school superintendent may further disclose the information to principals who may also disclose for safety or educational reasons.
Patron: Barker
Protection of medical information. Adds further protections to medical information by (i) adding medical information and health insurance information to the definition of personal information, which requires an individual to be notified in the case of a database security breach, and (ii) adding a corporation organized for the purpose of maintaining medical information to the definition of health care provider in the health records privacy act.
Patron: Vogel
Interrogatories. Provides that execution debtors may be reissued one or more summonses to answer interrogatories within a six-month period last preceding the date of a certificate furnished to the court by the execution creditor as required under § 8.01-506 of the Code of Virginia, notwithstanding the certificate setting forth that the execution creditor has not proceeded against the execution debtor under § 8.01-506 within the six months last preceding the date of such certificate, if this execution debtor was not served with process to answer these interrogatories or if this execution debtor was not otherwise subjected to interrogatories under oath in response to any such summons.
Patron: Edwards
Appeal from juvenile and domestic relations district court. States that an appeal from the juvenile court is to be taken in accordance with the appeal provisions specified for the district courts. A second enacting clause provides that this amendment is declarative of existing law.
Patron: Hurt
Extradition. Clarifies that a sheriff or police chief of a locality may hire a private entity to perform extraditions on behalf of the Commonwealth.
Patron: Hurt
Altavista Armory. Authorizes the Governor to convey the Altavista Armory within Campbell County and the Town of Altavista to the Town of Altavista.
Patron: Hurt
Conveyance of certain lands to the County of Pittsylvania. Authorizes the Department of Corrections to convey, with the approval of the Governor, a portion of the Camp 15 Work Camp facility consisting of 26 acres and including the Diversion Center and outbuildings, and the Warden's Residence.
Patron: Cuccinelli
Virginia Personnel Act; malfeasance in office; penalties; damages. Provides that any person who willfully and knowingly discloses personal information, the disclosure of which is prohibited by law shall be guilty of malfeasance in office or employment. Upon conviction thereof, the judge or jury trying the case, in addition to any other fine or penalty provided by law, may order the forfeiture of such office or employment. In addition, the bill provides that (i) a person aggrieved by a violation shall be entitled to institute an action to recover actual damages or $500, whichever is greater, for each violation and (ii) if the aggrieved party prevails, to be awarded reasonable attorney's fees and court costs. The bill specifies where court actions may be brought. The bill specifically provides that it applies to certain persons currently exempt from the provisions of the Virginia Personnel Act.
Patron: Cuccinelli
Paramilitary activity; penalty. Makes it a Class 5 felony to provide land or other resources knowing that it will be used to conduct illegal paramilitary activities.
Patron: Reynolds
Motor vehicle liability insurance coverage limits; penalty. Increases the minimum motor vehicle liability insurance coverage amounts from $25,000 to $100,000 in cases of bodily injury to or death of one person, from $50,000 to $300,000 in cases of bodily injury to or death of more than one person in any one accident, and from $20,000 to $100,000 for property damage coverage. The measure also repeals provisions that allow for the registration of uninsured motor vehicles upon payment of a $500 uninsured motor vehicle fee and that provide for disposition of such funds through the Uninsured Motorist Fund. The penalty for violating certain requirements regarding the registration and operation of uninsured motor vehicles is increased from a Class 3 misdemeanor to a Class 1 misdemeanor.
Patron: Stolle
Firearms shows; state police presence. Requires the promoter of a firearms show to arrange and pay for a law-enforcement officer from the Department of State Police to be present at all times during a firearms show. Also allows the Superintendent of State Police to enter into agreements with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives whereby law-enforcement officers with the Department of State Police may be granted federal law-enforcement authority for the purposes of enforcing firearms laws of the United States.
Patron: Stolle
Medical malpractice; Patients' Compensation Fund. Provides that on and after July 1, 2009, a health care provider's personal liability is limited to $2 million for any injury to, or death of, a patient, and any amount due from a judgment or verdict in excess of $2 million shall be paid from the Patient's Compensation Fund. The bill provides that the Fund is financed through fees levied upon health care providers and collected by the health regulatory boards. The assets of the fund shall be used solely to pay that portion of the amount due from a malpractice judgment, settlement, or verdict in excess of $2 million and to administer the Patients' Compensation Program, which is governed by a board of directors whose appointments are prescribed in the bill and who manage and operate the Fund.
Patron: Stolle
Number of circuit court and district court judges. Designates specific districts and circuits to provide judicial assistance to each other on a regular basis. The designations are made to deal specifically with those districts and circuits where new judgeships have been recommended but not yet created.
Patron: Stolle
Criminal convictions; DNA Notification. Permits the dissemination of Virginia criminal history information to certain individuals who volunteer in the identification, location, and notification of individuals convicted of crimes prior to the advent of DNA testing and the case files of which have since been found to contain evidence suitable for DNA testing. The bill also specifies other aspects of the notification process and has an emergency clause.
EMERGENCY
Patron: Norment
Removal of public official; costs. Provides that no person who signs a petition for the removal of an official pursuant to § 24.2-233 or who circulates such a petition (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1. The court may assess such costs or impose such sanctions if it finds by clear and convincing evidence that the petitioner acted maliciously.
Patron: Norment
Removal of public official; procedures; costs. Provides that an error or omission in the form of a petition for removal or in the statement of the grounds or reasons for removal shall not suffice to dismiss the petition unless the error or omission is material in determining whether statutory requirements have been met. The bill provides further that no person who signs or circulates a petition for the removal of an official (i) shall be liable for any costs associated with removal proceedings conducted pursuant to the petition, including attorney fees incurred by any other party or court costs, or (ii) shall have sanctions imposed against him pursuant to § 8.01-271.1. The court may assess such costs or impose such sanctions only if it finds by clear and convincing evidence that the petitioner acted maliciously.
Patron: Ticer
Proceedings to establish boundary lines of lands; rebuttable presumption. Provides that in an action to establish a boundary line to land, in which a plaintiff seeks to prove that he had a perfect legal title to the land in dispute by showing an unbroken chain of title to a common source of title, there shall be a rebuttable presumption that conveyances from the same grantor of separate, adjoining tracts of land constitute a common source of title.
Patron: Norment
Criminal history record checks; volunteers. Adds the Rita Welsh Adult Literacy Program to the agencies that may receive criminal history background checks for their volunteers without charge.
Patron: Norment
Safety belt enforcement. Allows for primary enforcement of safety belt requirements when violations are observed by law-enforcement officers at traffic safety checkpoints.
Patron: Stolle
Criminal penalties; larceny. Creates a new class of misdemeanor, called an “aggravated misdemeanor”, allowing for up to two years of incarceration and/or a fine of up to $2,500, for crimes including, but not limited to, larceny offenses between $200 and $500, second offense petit larceny, second offense of a violation of a protective order within five years, recruiting another into a street gang, assault and battery hate crimes, assault and battery of school personnel, second offense domestic assault, second offense stalking, second offense DUI crimes, third offense of driving on a suspended sentence, and driving after having been declared an habitual defendant. The bill also creates the crime of conspiracy to commit petit larceny and allowing for the amount of all goods stolen pursuant to such a conspiracy to be aggregated for any six-month period. Multijurisdictional grand juries are empowered to investigate and issue indictments for grand larceny and conspiracy to commit larceny. The bill adds larceny to the offenses that comprise a “predicate criminal act” as for the purposes of criminal gang activity and raises the threshold amount for grand larceny from $200 to $500.
Patron: Martin
DUI; prior offenses. Provides a definition of "substantially similar" for the purpose of determining when an out-of-state DUI conviction can be used to enhance punishment for a current Virginia DUI offense. Out-of-state laws that criminalize driving (i) while intoxicated, impaired, or under the influence and define intoxication or impairment as 0.08 or (ii) under the influence of, or while impaired by, alcohol, a drug, or alcohol and a drug are deemed to be substantially similar laws.
Patron: Deeds
Magistrates; issuance of arrest warrants. Provides that a magistrate may not issue a felony arrest warrant based on a citizen complaint unless authorized by the attorney for the Commonwealth or a law-enforcement agency. The bill also requires that a complaint for an arrest warrant be in writing if the complainant is not a law-enforcement officer.
Patron: Howell
Forensic Science Board. Adds the chairmen of the Senate Finance Committee and the House Appropriations Committee or their designees to the Board.
Patron: Stolle
Statewide case and financial management systems; interface with circuit courts. Gives the Executive Secretary of the Supreme Court the responsibility for the operation of maintenance of a statewide case management system and financial management system, for related technology improvements, and requires that he permit an interface to any circuit court that uses automation or technology improvements provided by a private vendor or the locality. The costs of designing and implementing any such interface shall be the responsibility of the circuit court clerk.
Patron: Miller, Y.B.
Conveyance; Virginia Marine Resources Commission. Authorizes the Virginia Marine Resources Commission to grant easements and rights-of-way across the beds of the Elizabeth River to the Department of Transportation for the improvement of the Midtown Tunnel. The conveyance includes a portion of the Baylor Survey.
Patron: Smith
Control of firearms; award of court costs and fees. Requires a court to award reasonable attorney fees, expenses, and court costs to any entity that prevails in an action challenging an ordinance, resolution, motion, or administrative action as being in conflict with a locality's authority to control firearms pursuant to § 15.2-915.
Patron: Hurt
Line of Duty Act; investigation of claims; police departments and sheriffs offices. Provides that when a police department or sheriff's office is the last employer of the deceased or disabled person, then the department or office may conduct the investigation of the circumstances surrounding the deceased or disabled person and report the findings to the Comptroller. Currently all investigations of the circumstances must be conducted by the Virginia Department of State Police.
Patron: Stolle
Law-Enforcement Officers Procedural Guarantee Act. Provides that an officer shall be given reasonable notice before being questioned in an investigation. The bill also provides that if any procedural guarantees are intentionally denied an officer during the investigative process the information garnered may not be used against him.
Patron: Stolle
Proposed sale in execution of deeds of trust. Provides that the written notice of proposed sale, when given in a manner provided by general law, shall be deemed prima facie evidence of compliance with any requirement to provide notice of default contained in a deed of trust, provided that failure to comply with any requirements for notice of default that may be contained in such deed of trust shall, upon petition, render a sale of the property voidable by the court.