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2010 SESSION
Edwards (Chairman), Quayle, Lucas, Puller, Obenshain, Saslaw, Petersen
Clerk: Angi Murphy
Date of Meeting: February 11, 2010
Time and Place: 4:00 P.M., 4th Floor East Conference Room
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: Edwards
Uniform Power of Attorney Act (UPOAA). Establishes in the Code of Virginia the Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The UPOAA consists of default rules that can be modified if the principal desires. Powers of attorney will be durable unless drafted to expire upon a specified date or event. The UPOAA addresses creation and use, good faith reliance, limitations of agent's powers, refusal to recognize, judicial review, notification of resignation, and other matters. The UPOAA contains an optional statutory form.
Patron: Northam
Publication of notice of judicial retirement. Requires the Supreme Court or the Committee on District Courts to publish notice of a judge's intention to retire upon receipt of that notice instead of upon certification of the vacancy.
Patron: Blevins
Uniform Power of Attorney Act (UPOAA). Establishes in the Code of Virginia the Uniform Act that was adopted by the National Conference of Commissioners on Uniform State Laws in 2006. The UPOAA consists of default rules that can be modified if the principal desires. Powers of attorney will be durable unless drafted to expire upon a specified date or event. The UPOAA addresses creation and use, good faith reliance, limitations of agent's powers, refusal to recognize, judicial review, notification of resignation, and other matters. The UPOAA contains an optional statutory form that may be used by an agent to certify facts concerning a power of attorney.
Patron: Obenshain
Child visitation. Provides that the court may order that a parent who has a documented history of alcohol abuse, as a condition of visitation, have an ignition interlock system installed on each vehicle that the parent drives with the child as a passenger.
Patron: McDougle
Toll facilities; civil penalties for violation. Places limitations on the amount of civil penalties that can be imposed for failure to pay tolls. A civil penalty may not be imposed for a second or subsequent offense unless the person was found liable for a previous offense. Civil penalties are limited to $2,500 in a calendar day, and $10,000 in a calendar year, in one court.
Patron: Edwards
Appeals of emergency protective and removal orders. Provides that a party shall file in circuit court, which shall hear and determine, any petition for a preliminary protective/removal order if (i) the party previously filed in juvenile and domestic relations district court a petition for an emergency protective/removal order; (ii) the juvenile and domestic relations district court issued such order for the emergency protection/removal of a child; (iii) a timely appeal of the order was filed by the parent, guardian, legal custodian, or other person standing in loco parentis of the child; (iv) the circuit court set a hearing on the appeal for a date certain or on a motions docket to be heard within five days of the entry of the emergency protective/removal order; and (v) the purpose for which the party seeks a petition for a preliminary protective/removal order is for the protection/removal of the same child. The juvenile and domestic relations district courts shall be divested of the right to enter any preliminary protective/removal order that involves the same child if all of the conditions set forth in clauses (i) through (v) exist.
Patron: Quayle
Notice of lien on financial institutions. Provides that any judgment creditor serving a notice of lien on a financial institution shall, within five business days of such service, mail to the judgment debtor at his last known address a copy of the notice of lien along with a notice of exemptions and claim for exemption form. The judgment creditor or attorney for the judgment creditor shall file a certification with the court affirming that he has mailed the judgment debtor these notices. If the judgment creditor fails to mail the notices, the financial institution shall release to the judgment debtor any funds otherwise subject to the lien. In the event that the judgment creditor fails to comply, he shall be liable to the judgment debtor for no more than $500 in damages, unless he proves by a preponderance of the evidence that the failure was not willful.
Patron: Marsden
Punishment and options for person convicted of nonpayment of child support. Provides that a person convicted of DUI and issued a restricted license may be issued such a license for travel to and from appointments required as a participant in a court-ordered intensive case monitoring program for child support. The bill also provides that the Department of Motor Vehicles shall not renew a driver's license or terminate a license suspension imposed for nonpayment of child support until it has received from the Department of Social Services a certification that a person ordered by a juvenile and domestic relations district court into an intensive case monitoring program for child support for noncustodial parents continues successful participation in the program or has completed the program. The bill also provides for the option of home/electronic incarceration of a person convicted of nonsupport.
Patron: Quayle
Courts not of record; jurisdiction of small claims court. Increases from $5,000 to $10,000 the ceiling of the jurisdictional amount of a small claims court. The maximum amount that may be claimed in small claims court shall be adjusted July 1, 2015, and on July 1 every five years thereafter, in an amount equal to the cumulative annual increases for that five-year period in the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor.
Patron: Norment
Appeals from courts not of record in civil cases. Provides that the minimum amount in controversy in a civil case for which there shall be an appeal of right to a court of record shall be annually adjusted by a percentage equal to the annual rate of inflation, as calculated by referring to the Consumer Price Index for all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor. Currently, there shall be an appeal of right to a court of record from any order entered or judgment rendered in a court not of record in a civil case in which the matter in controversy is of greater value than $50.
Patron: Marsden
Attorney-issued summons; protective orders. Eliminates the prohibition on attorney-issued summonses to compel attendance of witnesses in civil proceedings relating to issuance of Protective Orders pursuant to Article 4 (§ 16.1-246 et seq.), and authorizes the sheriff to serve an attorney-issued summons in less than five business days prior to required attendance.