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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.
2010 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy
Date of Meeting: February 8, 2010
Time and Place: 10:00 a.m., Senate Room A
Patron: Stuart
Restricted permit; driving to church. Adds driving to and from church and church-related activities to the list of places a person can drive when issued a restricted permit.
Patron: Stuart
Special education program for children with disabilities; recovery of attorney fees. Authorizes a court to award reasonable attorney fees and costs to a prevailing party, who is the parent of a child with a disability, in a civil action he is allowed to bring before the court because he is aggrieved by earlier findings and a decision resolving a dispute as to program placements, individualized education programs, tuition eligibility and other matters.
Patron: Lucas
Involuntary commitment, certification, and mandatory outpatient treatment orders; appeals. Reduces from 30 to 10 days the length of time for a person to appeal to circuit court an order for involuntarily commitment, mandatory outpatient treatment, or certification for admission to a training center. The bill also provides that an appeal does not operate to suspend any such order unless so ordered by a judge or special justice. The bill further provides that an order of the circuit court shall not extend the duration of involuntary admission or mandatory outpatient treatment set forth in the order appealed from. The bill also clarifies that the appeal shall be heard in accordance with the same provisions applicable to the original order. The bill also clarifies the role of the attorney for the Commonwealth in the appeal of such an order.
Patron: Lucas
Psychiatric treatment of minors. Revises the Psychiatric Inpatient Treatment of Minors Act in order to create a stand alone juvenile commitment act that will be titled the Psychiatric Treatment of Minors Act and to eliminate various cross references to the adult commitment statutes in Title 37.2. The bill incorporates various provisions from the adult commitment statutes, including provisions regarding the transportation of persons in the commitment process, the preparation of preadmission screening reports, and the process for emergency custody and temporary detention orders, into the Act. The bill also revises the appeals process, reducing the time to note an appeal from 30 to 10 days, which is consistent with other appeals from the juvenile and domestic relations district court.
Patron: McEachin
Adverse possession; abolition. Abolishes adverse possession as a cause of action or a defense if arising on or after July 1, 2010.
Patron: McEachin
Expungement of criminal conviction record. Allows a person convicted of certain criminal offenses to petition to have his conviction expunged after a five-year period has expired following the conviction, upon a showing that his opportunities for employment, education, or professional licensure are prejudiced by the existence of the criminal record. Expungement would not be available for someone convicted of a violent felony, a DUI-related offense, an offense for which registration on the sex offender registry is required, or domestic violence.
Patron: Howell
Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Establishes a mechanism for resolving multistate jurisdictional disputes regarding adult guardianships and conservatorships. Procedures are provided for determining which jurisdiction is the "home state" having primary jurisdiction, transferring a guardianship or conservatorship to another state, registering orders, and addressing emergency situations. The Act has been adopted in 12 states and the District of Columbia.
Patron: Howell
Health professions; practice of podiatry. Clarifies that the practice of podiatry includes the prevention, diagnosis, treatment, and cure or alleviation of physical conditions, diseases, pain, or infirmities of the human foot and ankle, including the medical, mechanical, and surgical treatment of the ailments of the human foot and ankle.
Patron: Howell
Voluntary admission for mental health treatment. Provides that a person may be voluntarily admitted to a facility for mental health treatment after issuance of a temporary detention order but before a hearing for involuntary commitment by the person's attending or consulting physician where the physician finds that the person is willing and able to volunteer for treatment and after the person is informed that they will be required to provide 48 hours notice prior to leaving the facility to which they are voluntarily admitted and will be prohibited from owning, possessing, or transporting a firearm. This bill also provides that a hearing for involuntary commitment shall be held no less than 24 hours but no more than 72 hours after execution of a temporary detention order.
Patron: Howell
Involuntary temporary detention order; hearing to be held no less than 24 and no more than 72 hours after execution. Provides that a hearing for involuntary commitment shall be held no less than 24 hours but no more than 72 hours after execution of a temporary detention order.
Patron: Howell
Voluntary admission for mental health treatment prior to involuntary commitment hearing. Provides that a person may be voluntarily admitted to a facility for mental health treatment after issuance of a temporary detention order but before a hearing for involuntary commitment by the person's attending or consulting physician where the physician finds that the person is will and able to volunteer for treatment and after the person is informed that they will be required to provide 48 hours notice prior to leaving the facility to which they are voluntarily admitted and will be prohibited from owning, possessing, or transporting a firearm.
Patron: Howell
Hospitalization of inmates in local correctional facilities. Repeals provisions dealing with determining (i) a defendant's competency to be sentenced after he has been convicted of a crime and (ii) whether an inmate who is in the custody of a local correctional facility needs to be involuntarily hospitalized for treatment of mental illness, and substantially incorporates these provisions into statutes dealing generally with determinations of a defendant's competency and the hospitalization of inmates in the custody of local correctional facilities. The bill sets forth the procedures that a court or a person having custody of an inmate must follow to determine whether treatment of mental illness is necessary.
Patron: Stuart
Certificates of analysis and affidavits. Amends legislation enacted during the August 2009 Special Session in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. ___ (June 25, 2009) to state that provisions requiring a 28-day notification to the defendant must be followed only if the certificate or affidavit is to be used in lieu of testimony. The bill also states that the copies that must be filed with the clerk may be filed within two days after being provided to the defendant rather than on the same day. Testimony by two-way video conferencing is allowed with the consent of the defendant. The time limit for continuances is extended from not more than 180 days for a person who is not incarcerated and 90 days for a person who is incarcerated to nine months and five months respectively.
Patron: Stuart
Destruction of exhibits. Relieves the clerk of notifying a defendant of the destruction or donation of certain exhibits used at trial: drugs, weapons, or exhibits deemed contraband. The defendant's attorney still receives notice. Any exhibits which are forfeitable to the state are controlled by other provisions of the Code where innocent owners have an opportunity to retrieve their property.
Patron: Edwards
Uniform Arbitration Act; vacating arbitration award. Clarifies that a party may seek to vacate an award made pursuant to an arbitration proceeding where there was no agreement to arbitrate and the party raised an objection to the arbitration, regardless of whether an arbitration agreement had previously been found to exist. This bill is a recommendation of the Boyd-Graves Conference.
Patron: Edwards
Mental health courts. Allows the establishment of mental health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of the treatment and supervision of individuals with mental illness who have pending criminal charges. Localities intending to establish mental health courts are required to establish advisory committees. The Office of the Executive Secretary of the Supreme Court is required to apply for any federal grants or other funding available to establish mental health courts.
Patron: Barker
Family or household member; definition. Includes within the definition of a person's "family or household member" any individual who is currently or was formerly involved in a substantive, intimate dating relationship with the person; the existence of such a substantive relationship shall be determined based on (i) the length of the relationship, (ii) the nature of the relationship, and (iii) the frequency of interaction between the persons involved in the relationship. A casual relationship or ordinary fraternization in a business or social context does not constitute a dating relationship. Expanding the definition of "family or household member" implicates crimes for which a family or household member is a victim (e.g., assault and battery against a family member) and protective orders under which a person may be protected (e.g., protective orders in cases of family abuse).
Patron: Stuart
Enjoyment of easement. Provides that the owner of the servient estate shall not cause to be present any objects of personal property, debris, or refuse, either temporarily or permanently, upon the burdened land or within 25 feet thereof. Current law provides that the owner of the servient estate shall not engage in an activity or cause to be present any objects either upon the burdened land or immediately adjacent thereto that unreasonably interfere with the enjoyment of the easement by the owner of the dominant estate.
Patron: Stuart
Court fees. Increases the court fees in both district and circuit court from (i) $27 to $75 in a district court civil action and (ii) the current scale of $60-$160 to $500-$1,000 in civil actions in circuit court. The fee increases under this bill in district court are allocated to the sheriffs' departments, and the increases in circuit court are split between the sheriffs' (80%) and the clerks' (20%) offices to be used exclusively for achieving the current staffing standards of the two constitutional offices. The $10 fee for the Courts Technology Fund is removed from civil cases. The Fund still receives fees applicable to other filings in the circuit and appellate courts.
Patron: Barker
Mandatory outpatient treatment following inpatient treatment. Allows a court to enter an order for mandatory outpatient treatment following involuntary inpatient treatment, which orders a person to involuntary inpatient treatment and authorizes the person's treating physician to discharge the patient from inpatient treatment subject to mandatory outpatient treatment. To be eligible for such an order, the person must meet the criteria for involuntary inpatient treatment as well as demonstrate (i) a lack of compliance with treatment for mental illness, (ii) the need for outpatient treatment to prevent a relapse or deterioration that would likely result in his meeting the criteria for inpatient treatment, (iii) that the person is not likely to obtain outpatient treatment unless the court enters the order, and (iv) that the person is likely to benefit from outpatient treatment. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following inpatient treatment will be enforced, reviewed, continued, and rescinded.
Patron: Blevins
Civil remedies; depositions as basis for motion of summary judgment or to strike evidence. Allows depositions to be the basis for a motion for summary judgment or to strike evidence.
Patron: Blevins
Offers of judgment; costs. Provides that a party defending a claim may serve upon an adverse party not less than 10 days before trial an offer to allow judgment to be taken against him on specified terms, including the costs then accrued. An offer of judgment may also be made by a party whose liability to another has been determined, but where the extent of his liability is to be determined in a subsequent proceeding. If the offer is accepted, the court shall enter the judgment. If the offer is not accepted, and the adverse party does not obtain a judgment more favorable than the offer, the adverse party shall pay all costs incurred from the time of the offer.
Patron: Obenshain
Certificates of analysis in criminal cases. Amends legislation enacted during the August 2009 Special Session in response to the United States Supreme Court decision in Melendez-Diaz v. Massachusetts, 557 U.S. ___ (June 25, 2009) to state that if the Commonwealth intends to have testimony by two-way video conferencing that information must be provided to the defendant in the notice that the Commonwealth is otherwise required to provide and the defendant must specifically object or he waives his right to object.
Patron: Vogel
Duties of the clerk of the circuit court. Allows the court to order the immediate destruction, donation, or return of evidence where a defendant is found not guilty, and allows the clerk to do the same for cases concluded prior to July 1, 2008, without having to give specific notice, and requires the clerk to escheat all cash funds left over once forfeiture has concluded. The bill requires the clerk to keep his office open during convenient hours during those days on which that office is required to be open, and relieves the clerk of certifying local officers lists to the Secretary of the Commonwealth, by imposing that requirement on the locality itself, and of maintaining a list or book of local active volunteer fire fighters, by imposing that duty on the state Department of Fire Programs. The bill requires the clerk to record only those writings specifically required by law to be recorded. The bill also repeals several small monetary forfeitures imposed on the clerk for failure to (i) provide the Department of Corrections with copies of orders, (ii) record certificates of satisfaction as required, and (iii) perform any duty generally.
Patron: Herring
Liability of certain health care practitioners. Provides that no health care practitioner who renders at any site health care services, voluntarily and without compensation, to a patient of a clinic for the indigent and uninsured that is organized for the delivery of primary health care services as a federally qualified health center designated by the Centers for Medicare & Medicaid Services, shall be liable for any civil damages for any act or omission resulting from the rendering of such services unless the act or omission was the result of his gross negligence or willful misconduct.
Patron: Herring
Civil procedure; disclosure of insurance liability limits. Allows the personal representative of the estate of a decedent who died as a result of a motor vehicle accident, or his attorney, to request the disclosure of the liability limits of an insurance policy prior to filing a civil action for wrongful death resulting from a motor vehicle accident. The party requesting this information shall provide the insurer with (i) the date of the accident, (ii) the name and last known address of the alleged tortfeasor, (iii) a copy of the accident report, if any, (iv) the claim number, if available, and (v) the decedent's medical death certificate, medical bills, if any, statutory beneficiaries' names and relationships, and, if a claim for pecuniary loss by one or more beneficiaries is anticipated, work and earnings history, if any. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged injury is subject to the policy.
Patron: Howell
Protective orders; coordination with other states. Requires the Executive Secretary of the Supreme Court, on an annual basis, to consult with the appropriate judicial authorities of adjacent states, and allows the Executive Secretary to consult with the appropriate judicial authorities of any other state, concerning the forms used in connection with the issuance of protective orders under the laws of the Commonwealth and the other states. The Executive Secretary shall, to the extent feasible under the laws of the Commonwealth, coordinate the contents of such protective order forms with other states in order to facilitate the enforcement of foreign protective orders in the Commonwealth and the enforcement of Virginia protective orders in other states.
Patron: Howell
Extension of protective orders. Allows a petitioner who has obtained a protective order under § 16.1-279.1 (cases of family abuse) or § 19.2-152.10 (stalking) to obtain an extension of such order for a period of no more than one year if the respondent continues to pose a threat to the health or safety of the petitioner and the petitioner's family and household members. There is no limit on the number of extensions that may be requested.
Patron: Hurt
Juvenile court; interlocutory appeals by Commonwealth. Allows the Commonwealth to appeal a juvenile court suppression ruling to circuit court and the Court of Appeals. Upon the motion of the Commonwealth the juvenile court must stay the proceedings and issue a written statement of its findings of law and relevant facts in support of its suppression ruling and submit the case to the circuit court for a de novo hearing. The hearing has priority on the circuit court's docket and if it upholds the suppression ruling, the Commonwealth may appeal to the Court of Appeals. The bill applies in preliminary hearings, transfer hearings and trials in juvenile court where the offense would be a felony if committed by an adult and to rulings prohibiting the use of certain evidence on the grounds that the evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia prohibiting illegal searches and seizures and protecting rights against self-incrimination.
The bill also allows the time limitations on secure detention to be extended for the Commonwealth's appeal and provides that written court decisions of the Court of Appeals shall not contain the first or last name of the juvenile.
Patron: Hurt
Bail terms set by court on a capias to be honored by magistrate. Provides that a magistrate who is to set the terms of bail of a person arrested and brought before him on a capias shall do so in accordance with the order of the court that issued the capias, if the court so orders.
Patron: Hurt
Foreign search warrants to be honored. Provides that a Virginia corporation or other entity that provides electronic communication services or remote computing services to the general public, when properly served with a warrant and affidavit in support of the warrant, issued by a judicial officer or court of another state with jurisdiction over the matter, to produce a record or other information pertaining to a subscriber to or customer of such service or the contents of electronic communications, or both, shall produce the record or other information as if that warrant had been issued by a Virginia court.
Patron: Hurt
Records concerning electronic communication service or remote computing service. Provides that a foreign corporation that provides electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service, excluding the contents of electronic communications, to an investigative or law-enforcement officer pursuant to (1) a search warrant issued by a magistrate, general district court or a circuit court; (2) a court order for such disclosure issued as provided in this section; or (3) the consent of the subscriber or customer to such disclosure.
Patron: Hurt
Admissibility of records concerning electronic communication service or remote computing service. Provides that records of a provider of electronic communication service or remote computing service that pertain to a subscriber to or customer of such service are prima facie evidence of the facts therein stated if, at any trial or hearing, such records are accompanied by an affidavit made by the records' custodian affirming that the provider regularly prepares and relies upon such records in the transaction of its business.
Patron: Smith
Virginia Recreational Facilities Authority. Delays the reversion of title to real property from the Virginia Recreational Facilities Authority to the Commonwealth, in the event that the Authority ceases to operate, until July 1, 2011.
Patron: Marsden
Detention. Allows a juvenile to be moved to a less restrictive placement when, in the judgment of the custodian, the move is warranted or earned by the juvenile unless the court has specifically ordered that no such transfer shall be allowed of that juvenile.
Patron: Miller, J.C.
Veterans' mental health courts. Allows, in Hampton Roads, the establishment of veterans' mental health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who are affected by mental illness, an alcohol or substance use disorder, post-traumatic stress disorder, or traumatic brain injury, any of which appear to be related to military service, including, without limitation, any readjustment to civilian life that is necessary after service in the armed services. A state veterans' mental health court advisory committee is established and localities intending to establish veterans' mental health courts are required to establish local advisory committees. The Supreme Court of Virginia is given administrative oversight for the implementation of the act.
Patron: McEachin
Civil procedure; disclosure of insurance liability limits. Allows an attorney of the personal representative of a deceased person to request the disclosure of the liability limits of an insurance policy prior to filing a civil action for wrongful death resulting from a motor vehicle accident. The party requesting this information shall provide the insurer with (i) the date of the accident, (ii) the name and last-known address of the alleged tortfeasor, (iii) a copy of the accident report, if any, (iv) the claim number, if available, and (v) the deceased person's medical records, medical bills, and death certificate. The insurer has to disclose the liability limits if death occurred. The bill also provides that disclosure of a policy's limits shall not constitute an admission that the alleged wrongful death is subject to the policy.
Patron: Hanger
Restorative justice programs. Establishes a restorative justice program for offenders and victims. Provisions address participation, court involvement, confidentiality, and immunity from civil liability.
Patron: Petersen
Conditions of release without bond. Provides that no person arrested for a felony who has previously been convicted of a felony, or who is presently on bond for an unrelated arrest in any jurisdiction, or who is on probation or parole, may be released to a pretrial services agency in lieu of posting a secure bond unless he is determined by a court to be indigent.
Patron: Reynolds
Appeal of bail decision. Amends section allowing attorney for the Commonwealth to appeal a bail decision made by the court over the objection of the attorney for the Commonwealth to allow appeal of a decision made by a judicial officer (including a magistrate or clerk) even if the attorney for the Commonwealth did not object.