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2010 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

Edwards (Chairman), Obenshain, Lucas, Puller, Quayle, Saslaw, Petersen

Clerk: Angi Murphy
Date of Meeting: January 28, 2010
Time and Place: 3:30 PM Senate Room A

S.B. 107

Patron: McDougle

Restricted learner's permit.  Authorizes the Department of Motor Vehicles to issue a restricted learner's permit if the person is 19 years of age or older and a court has authorized or issued a restricted license to the person.

S.B. 155

Patron: Edwards

Commonwealth's lien for payment of medical services; limitations. Provides that a lien granted to the Commonwealth against any recovery from a third party obtained by an injured person whose medical costs were paid pursuant to the Virginia Medical Assistance Program shall only attach to the portion of the claim representing compensation for medical expenses incurred by the injured person. In the course of determining the amount of the Commonwealth's lien, a court may determine the fairness of any allocation of the proceeds from a claim for medical expenses. The bill is intended to bring Virginia law in conformity with the United States Supreme Court's decision in Arkansas Dep't of Health & Human Servs. v. Ahlborn, 547 U.S. 268, 126 S.Ct. 1752, 164 L.Ed.2d 459 (2006). This bill is a recommendation of the Boyd-Graves Conference.

S.B. 319

Patron: Ruff

Child support; child attending college. Provides that child support may be ordered for a child attending an institution of higher learning until the child obtains an undergraduate degree or reaches the age of 23.

S.B. 329

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.

S.B. 415

Patron: Vogel

Foster care and independent living services.  Requires local departments and child-placing agencies to provide independent living services to any person between 18 and 21 years of age who requests such services and is in the process of transitioning from foster care to self-sufficiency. The bill also extends the time period during which a person between the ages of 18 and 21 may request restoration of independent living services if they previously terminated such services. Local departments are required to provide a person who chooses to leave foster care or terminate independent living services written notice of their right to restore independent living services.

S.B. 592

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.