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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2011 SESSION
Chairman: Henry L. Marsh III
Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Stokes
Date of Meeting: January 31, 2011
Time and Place: 9:00 AM - Senate Room A
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 19 states and the District of Columbia.
A BILL to amend and reenact §§ 24.2-410, 26-30, 26-59, 37.2-1001, and 37.2-1014 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 10 of Title 37.2 a section numbered 37.2-1030 and by adding in Title 37.2 a chapter numbered 10.1, containing articles numbered 1 through 5, consisting of sections numbered 37.2-1031 through 37.2-1052, relating to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.11100660D
Patron: Reynolds
Preliminary protective orders. Makes the prohibition on purchasing and transporting a firearm applicable to persons subject to preliminary protective orders that contain a finding of abuse. Under current law, persons subject to a preliminary protective order are prohibited from purchasing or transporting a firearm regardless of any court finding.
A BILL to amend and reenact § 18.2-308.1:4 of the Code of Virginia, relating to the purchase or transportation of firearms by persons subject to preliminary protective orders; penalty.11101073D
Patron: Marsden
Expungement of protective orders. Provides that a person against whom a protective order has been issued may petition to have police and court records relating to the protective order expunged if the order is subsequently dissolved by the issuing court.
A BILL to amend and reenact § 19.2-392.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-392.2:1, relating to expungement of protective orders.11100800D
Patron: Obenshain
Commercial vehicles; persons required to register with the Sex Offender and Crimes Against Minors Registry. Prohibits persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required from (1) driving school buses and passenger-carrying commercial vehicles and (2) being issued commercial driver's licenses and instruction permits to drive school buses and passenger-carrying commercial vehicles.
A BILL to amend and reenact §§ 46.2-339, 46.2-341.9, 46.2-341.10, and 46.2-341.16 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-341.18:3, relating to certain drivers of certain commercial vehicles.11102452D
Patron: Edwards
Mental health courts. Provides that any district court or circuit court may establish a mental health court, which is a separate court docket within the existing calendar of a district or circuit court offering judicial monitoring of the treatment and supervision of certain individuals with mental illness who are under the jurisdiction of the criminal court. The court is required to (i) identify eligible individuals; (ii) obtain services from a willing local community services board or behavioral health authority serving the territorial jurisdiction of the court and which can provide, or contract for, appropriate treatment and services for the offender or, from a program offered to any eligible veteran by the U.S. Department of Veterans Affairs; (iii) maintain court-established treatment and compliance terms of participation; and (iv) monitor adherence to court requirements.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-180.1, relating to specialized court dockets; mental health courts.11101281D
Patron: Edwards
Electronic notaries. Provides that a person applying to be commissioned as an electronic notary public is not required to be commissioned as a notary public first. The bill also allows, in the case of an electronic notarization, a notary to notarize a document when the signer is not in the notary's presence if satisfactory evidence of the identity is established. Furthermore, the bill allows satisfactory evidence to be based on video or audio conference technology that permits the notary to communicate with and identify the principal at the time of the notarial act.
A BILL to amend and reenact §§ 47.1-2, 47.1-7, 47.1-12, 47.1-13, 47.1-14, and 47.1-15 of the Code of Virginia, relating to electronic notaries.11104258D
Patron: Petersen
Issuance of civil investigative demands under the Virginia Fraud Against Taxpayers Act. Provides that the Attorney General may not issue a civil investigative demand to a Virginia public institution of higher education when the claim relates to a matter of academic inquiry or research.
A BILL to amend and reenact § 8.01-216.2 of the Code of Virginia, relating to the Virginia Fraud Against Taxpayers Act.11104833D
Patron: Petersen
Immunity of officers, etc. of nonprofits; dissolution. Provides that the immunity from civil liability the directors and other officers of tax exempt organizations enjoy for acts taken in their official capacities shall survive the dissolution or other discontinuance of the organization.
A BILL to amend and reenact §§ 8.01-220.1:1, 13.1-870.1, and 13.1-870.2 of the Code of Virginia, relating to immunity of officers, etc. of nonprofits; dissolution.11102098D
Patron: Deeds
Retired judges; appearing as counsel. Permits retired justices or judges to appear as counsel in cases in courts of the Commonwealth if (i) the retired justice or judge is at least 70 years old, (ii) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter, (iii) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar, and (iv) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program.
A BILL to amend and reenact § 51.1-309 of the Code of Virginia, relating to the prohibition on retired members of the Judicial Retirement System appearing as counsel.11100176D
Patron: Herring
Military parents; delegation of visitation rights. Provides that in cases involving a parent who is a member of the military and who has been deployed on active duty, a court may enter an order (i) delegating the deploying parent's visitation rights with a child to a family member of the deploying parent or (ii) awarding visitation rights to a family member of the deploying parent if the parent had physical custody of the child prior to the deployment and physical custody is awarded to the nondeploying parent or his family during the deployment. The bill also provides that the court may provide for the appearance of parties and witnesses via electronic means and allow affidavits in lieu of testimony into evidence at any hearing under the Virginia Military Parents Equal Protection Act (§ 20-124.7 et seq.).
A BILL to amend and reenact §§ 20-108, 20-124.8, and 20-124.9 of the Code of Virginia, relating to military parents; delegation of visitation rights.11104312D
Patron: McDougle
Transfer fee covenants. Provides that a transfer fee covenant recorded in the Commonwealth on or after July 1, 2011, shall not run with the title to real property and is not binding on, or enforceable against, any subsequent owner, purchaser, or mortgagee of any interest in real property. The bill further provides that any lien purporting to secure the payment of a transfer fee under a transfer fee covenant recorded in the Commonwealth on or after July 1, 2011, is void and unenforceable.
A BILL to amend the Code of Virginia by adding a section numbered 55-70.2, relating to transfer fee covenants.11103022D
Patron: McDougle
Master Settlement Agreement; regulation of cigarette manufacturers. Permits a tobacco manufacturer to request removal from the Virginia Tobacco Directory under certain circumstances, such as the cessation of business operations, without penalty. Resellers may continue to vend cigarettes from such a manufacturer under limited conditions. Any manufacturer, wholesaler or retail dealer selling cigarettes for resale of a manufacturer or brand family that has been removed from the Directory shall notify the purchaser, who shall receive a refund. Any failure of the manufacturer to provide the purchaser with the refund shall be subject to a civil penalty of $500 for each violation. The bill also extends the safe harbor for selling lawfully stamped cigarettes that have been removed from the Directory from 14 days to 45 days.
A BILL to amend and reenact § 3.2-4207 of the Code of Virginia, relating to the Master Settlement Agreement; regulation of cigarette manufacturers.11103546D
Patron: Miller, J.C.
Servicemembers and veterans courts. Establishes the Servicemembers and Veterans Court Act. The bill allows the establishment of servicemembers and veterans 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 appear to suffer from mental illness, alcohol or drug abuse, posttraumatic stress disorder, or traumatic brain injury, any of which appear to be related to military service, including, readjustment to civilian life. A state military members and veterans court advisory committee is established and localities intending to establish servicemembers and veterans courts are required to establish advisory committees. The Supreme Court of Virginia is given administrative oversight for the implementation of the Act.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-5.1, relating to the Servicemembers and Veterans Court Act.11102424D
Patron: Hanger
Access to concealed handgun permittee information. Prohibits the clerk of the court from disclosing identifying information contained on a concealed handgun permit application or on an order issuing a concealed handgun permit, if so requested by the applicant or permittee.
A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to access to concealed handgun permittee information.11103604D
Patron: Hanger
Sealing psychological tests received into evidence. Provides that a court may, upon motion, seal a psychological test or other assessment device received into evidence if the moving party establishes that (i) the value of the psychological test or assessment device depends in whole or in part on the subject lacking knowledge of the testing or assessment process and (ii) public access to such test or assessment device would compromise the objectivity, fairness, or integrity of the testing or assessment process. Such motion may be brought by either a party to the proceeding or a psychologist who used, administered, or prepared the test or assessment device and who was called to testify in the proceeding.
A BILL to amend and reenact § 19.2-267 of the Code of Virginia and to amend the Code of Virginia by adding in Article 7 of Chapter 14 of Title 8.01 a section numbered 8.01-413.03, relating to the sealing of psychological tests received into evidence.11100859D
Patron: McEachin
Court's jurisdiction to enforce judgment lien through sale of real estate. Provides that a court shall not decree real estate to be sold to enforce a judgment lien if (i) such real estate is used as the owner's primary residence, (ii) such owner has an annual household gross income below $59,000, and (iii) the value of such real estate is not greater than $150,000 based upon the most recent tax assessment. However, this exception shall not apply if the judgment at issue was rendered against the owner of the real estate for the commission of an intentional tort or fraud or the failure to pay a child or spousal support obligation or state or local taxes or levies.
A BILL to amend and reenact § 8.01-462 of the Code of Virginia, relating to a court's jurisdiction to enforce judgment lien through sale of real estate.11103742D
Patrons: Quayle, Martin
Child abduction. Provides that a chief judge shall designate a judge to hear and dispose of proceedings in which a person seeks enforcement of an order for the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction. The bill also makes it a duty of the Missing Children Information Clearinghouse to maintain close liaison with the National Crime Information Center and the National Center for Missing and Exploited Children for the exchange of information on children suspected of international travel. Furthermore, the bill makes property used to further the abduction subject to lawful seizure and forfeiture.
A BILL to amend and reenact §§ 19.2-386.16 and 52-33 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 22.2 of Title 19.2 a section numbered 19.2-386.32, relating to forfeiture in certain child abduction cases; Missing Children Information Clearinghouse.11104839D
Patron: Quayle
Deferred disposition. Allows a court to defer disposition in and discharge and dismiss any criminal case.
A BILL to amend and reenact § 19.2-303.4 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-303.6, relating to ability of a court to defer disposition.11103057D
Patron: Quayle
Torts; sexual abuse; limitations period. Extends the limitations period for actions for sexual abuse committed during the infancy or incapacity of the abused person from two years to 25 years from the time of the removal of the infancy or incapacity or from the time the cause of action otherwise accrues.
A BILL to amend and reenact § 8.01-243 of the Code of Virginia, relating to torts; sexual abuse; limitations period.11103190D
Patron: Reynolds
Illegal gambling; definitions. Amends the definition of "illegal gambling" to clarify that the purchase of a product or other thing of value (e.g., phone card, Internet time), which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win money, is deemed consideration for the purposes of illegal gambling. The bill also clarifies that the conduct of a game, contest, lottery, scheme, or promotional offering may be lawful if (i) no part of the purpose of the contest is illegal gambling, (ii) no part of the contest involves the use of a gambling device, and (iii) the contest complies with certain requirements enumerated in the bill. The bill provides that it is declaratory of existing law.
A BILL to amend and reenact §§ 18.2-325 and 18.2-325.1 of the Code of Virginia, relating to illegal gambling; exceptions.11100747D
Patron: Reynolds
Juvenile records; confidentiality. Clarifies that the Department of Juvenile Justice may share confidential juvenile records with persons, agencies, and institutions having a legitimate interest regardless of the state in which they are located. The bill also allows the Department to share confidential juvenile records with a requesting party who has custody or is providing supervision for a juvenile and the release of the confidential information is in the interest of maintaining security in a secure facility in a state other than Virginia provided it meets that state's definition of "secure facility."
A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to confidentiality of Department of Juvenile Justice records.11101091D
Patron: Marsden
Crashes on HOT lanes under construction on the Capital Beltway. Requires that when there is a vehicle crash on HOT lanes under construction on the Capital Beltway and the vehicles involved in the crash can be moved and there are no apparent bodily injuries, the drivers must move their vehicles to the nearest designated pull-off area. Failure to do so is punishable by a civil penalty of $100, to be paid into the Highway Maintenance and Operating Fund. VDOT is required to post the bill's requirements on signs along the Capital Beltway in Virginia where HOT lanes are under construction. The bill's provisions expire when HOT lanes on the Capital Beltway in Virginia are completed and the Virginia Department of Transportation accepts the project.
A BILL to amend the Code of Virginia by adding a section numbered 33.1-56.2:1, relating to traffic accidents on certain high-occupancy toll lane facilities.11104813D
Patron: Marsden
Detention of juvenile for violation of conditions of release. Provides that a juvenile taken into custody whose case is considered by a judge, intake officer or magistrate, who is released “under such conditions as may be imposed” by the judge, intake officer or magistrate and who then fails to adhere to the directions of the court, intake officer or magistrate while on conditional release may be detained in a secure facility, pursuant to a detention order or warrant, upon a finding by the judge, intake officer, or magistrate. This is to clarify that a juvenile may be detained for violation of such conditions.
A BILL to amend and reenact § 16.1-248.1 of the Code of Virginia, relating to detention of juvenile for noncompliance.11103309D
Patron: Marsden
Supervision of juvenile or person during commitment and on parole. Requires the court services unit to consult with the local department of social services 60 days prior to a person's release from the Department of Juvenile Justice's commitment on parole supervision about the return of the person to the locality and the placement of the person. Under current law, the court services unit shall make such consultation four weeks prior to such person's release.
A BILL to amend and reenact § 16.1-293 of the Code of Virginia, relating to the release of persons from commitment on parole supervision.11104745D
Patron: Marsden
Training standards for law-enforcement using tracking devices during pursuits. Requires the Department of Criminal Justice Services to establish training standards and publish a model policy for law-enforcement personnel for use of an electronic or mechanical tracking device in law-enforcement vehicle pursuits.
A BILL to amend and reenact § 9.1-102 of the Code of Virginia, relating to powers and duties of the Criminal Justice Services Board and Department of Criminal Justice Services; training for law-enforcement personnel.11100058D
Patron: Norment
Board of Bar Examiners; exam application. Expands the methods of submitting an application to take the bar exam to include third party commercial carriers in addition to mailing using the U.S.P.S.
A BILL to amend and reenact § 54.1-3925 of the Code of Virginia, relating to application for bar exam; mailing via commercial carriers.11103449D
Patron: Obenshain
Illegal gambling; definitions. Amends the definition of "illegal gambling" to clarify that the purchase of a product or other thing of value (e.g., phone card, Internet time), which purchase credits the purchaser with free points or other measurable units that may be risked by the purchaser for an opportunity to win money, is deemed consideration for the purposes of illegal gambling. The bill also clarifies that the conduct of a game, contest, lottery, scheme, or promotional offering may be lawful if (i) no part of the purpose of the contest is illegal gambling, (ii) no part of the contest involves the use of a gambling device, and (iii) the contest complies with certain requirements enumerated in the bill. The bill provides that it is declaratory of existing law.
A BILL to amend and reenact §§ 18.2-325 and 18.2-325.1 of the Code of Virginia, relating to illegal gambling; exceptions.11104800D
Patron: Obenshain
DNA data bank. Modifies the entities to which the Department of Forensic Science may release information from the DNA data bank and adds that information may be released to further a prosecution, not just an investigation as under current law.
A BILL to amend and reenact § 19.2-310.5 of the Code of Virginia, relating to DNA data bank; availability of information.11104097D
Patron: Obenshain
Communications intercepts by the Attorney General. Broadens the jurisdictional scope of a court issuing an order for a communications intercept sought by the Attorney General so that the order may be issued by the court in the jurisdiction where the crime occurs or where the intercept occurs. The bill also extends the timeline for submission of reports to the federal government regarding such intercepts, to accommodate intercepts not fully concluded by the end of the calendar year.
A BILL to amend and reenact §§ 19.2-66 and 19.2-70 of the Code of Virginia, relating to oral intercepts.11102880D
Patron: Obenshain
Address Confidentiality Program. Expands the Address Confidentiality Program for victims of domestic violence to all jurisdictions within the Commonwealth. The bill also provides that the Office of the Attorney General will prepare an evaluation of the statewide implementation of the program by December 31, 2011, and repeals the enactment clause that conditioned the continuation of the program upon an appropriation for that purpose.
A BILL to amend and reenact § 2.2-515.2 of the Code of Virginia, to amend and reenact the second enactment of Chapter 599 of the Acts of Assembly of 2007, as amended by Chapter 649 of the Acts of Assembly of 2008, and to repeal the third enactment of Chapter 599 of the Acts of Assembly of 2007, as amended by Chapter 649 of the Acts of Assembly of 2008, relating to address confidentiality for victims of domestic violence.11101255D
Patron: Obenshain
Criminal law; redefinition of the triggerman rule; penalty. Redefines the "triggerman rule," by expanding the principals in the second degree and accessories before the fact who can be charged with capital murder. This bill allows a principal in the second degree to be tried as a principal in the first degree if he had the same intent to kill as the principal in the first degree in cases of the willful, deliberate, and premeditated killing of any person in the commission of rape, etc. The bill allows an accessory before the fact to be tried as a principal in the first degree if he ordered or directed the willful, deliberate, and premeditated killing in such a case. The bill also removes the provision that a principal in the second degree or an accessory before the fact in a capital murder in the commission of an act of terrorism must have acted pursuant to the direction or order of a person engaged in an act of terrorism.
Current law provides that principals in the second degree and accessories before the fact can be charged as principals in the first degree in the cases of murder for hire, murder involving a continuing criminal enterprise, and terrorism (if done pursuant to the direction or order of one who is engaged in terrorism) and that in all other cases of capital murder only the actual perpetrator is eligible for the death penalty and accessories and principals in the second degree can be punished only as if guilty of first degree murder.
A BILL to amend and reenact § 18.2-18 of the Code of Virginia, relating to redefinition of the "triggerman rule"; penalty.11103668D
Patron: Vogel
Virginia Fraud Against Taxpayers Act. Provides that a designee of the Attorney General may issue civil investigative demands. The bill also provides that information obtained by the Attorney General or his designee pursuant to the issuance of a civil investigative demand may be shared with any qui tam relator if the Attorney General or his designee determines that such information is necessary as part of any false claims investigation. In addition, the bill changes the elements of offenses that make persons liable to the Commonwealth under the Act. Under current law, a person is civilly liable to the Commonwealth if he (i) knowingly presents to an officer or employee of the Commonwealth a false or fraudulent claim for payment or approval; (ii) knowingly makes a false record to get a false or fraudulent claim paid or approved by the Commonwealth; (iii) has possession of property used by the Commonwealth and, intending to defraud the Commonwealth, knowingly delivers less property than the amount for which the person receives a certificate or receipt; or (iv) conspires to do any act described in clauses (i) through (iii). Under the bill, a person is civilly liable to the Commonwealth if he, respectively, (a) knowingly presents a false or fraudulent claim for payment or approval (regardless of to whom the claim is made); (b) knowingly makes a false record material to a false or fraudulent claim (regardless of whether the claim was paid or approved by the Commonwealth); (c) has possession of property used by the Commonwealth and delivers less than all such money or property (regardless of whether the person intends to defraud the Commonwealth); or (d) conspires to do any act described in clauses (a) through (c).
A BILL to amend and reenact §§ 8.01-216.2, 8.01-216.3, 8.01-216.8, 8.01-216.9, 8.01-216.10, and 8.01-216.17 of the Code of Virginia, relating to the Virginia Fraud Against Taxpayers Act.
11102826D
Patron: Martin
Tobacco Master Settlement Agreement; bond requirements; escrow payments by certain manufacturers. Requires that the bond posted by manufacturers for inclusion in the Directory be equal to the greater of $50,000 or the escrow amount the manufacturer was required to deposit based on its highest calendar year's sales in Virginia. Under current law, the bond amount to be posted is the greater of $50,000 or the escrow amount the manufacturer was required to deposit based on its previous calendar year's sales in Virginia. The bill also adds nonparticipating manufacturers that have been designated by the Attorney General as an elevated risk to the list of those manufacturers that may be required to make escrow payments on a quarterly rather than an annual basis.
A BILL to amend and reenact §§ 3.2-4206.1 and 3.2-4211 of the Code of Virginia, relating to the Tobacco Master Settlement Agreement; bond requirements; escrow payments by certain manufacturers.11103868D
Patron: McEachin
Virginia Fraud Against Taxpayers Act. Repeals the authority of the Attorney General to issue civil investigative demands.
A BILL to repeal §§ 8.01-216.10 through 8.01-216.18 of the Code of Virginia, relating to civil investigative demands.11100093D
Patron: Newman
Sex offenders on school property; penalty. Changes "and" to "or" in two places to avoid an interpretation that a sex offender is prohibited from being on school property during school-related or school-sponsored activities only if they occur during school hours.
A BILL to amend and reenact § 18.2-370.5 of the Code of Virginia, relating to sex offenses; prohibiting entry onto school property; penalty.11104637D
Patron: Marsden
Common interest communities; payment of resale disclosure packet fees. Decreases from 90 to 30 days, where settlement does not occur, the time when a seller of a condominium unit or lot will be responsible for the payment of all allowable fees related to the preparation of the disclosure packet provided by the association.
A BILL to amend and reenact §§ 55-79.97:1 and 55-509.6 of the Code of Virginia, relating to common interest communities; payment of resale disclosure packet fees.11102388D
Patron: Herring
Common interest communities; rules violations; jurisdiction of general district courts. Empowers the court to award reasonable attorney fees and costs to the prevailing party if a lawsuit results from the assessment of charges for a rules violation by an owner. The court may also order the violating owner to abate or remedy the violation. Finally, a general district court may enter default judgment against an owner on the association's sworn affidavit. The bill contains technical amendments.
A BILL to amend and reenact §§ 16.1-77, 55-79.80:2 and 55-513 of the Code of Virginia, relating to common interest communities; rules violations; jurisdiction of general district courts.11104811D
Patron: Herring
Medical malpractice actions. Changes from 10 business days to 21 days the number of days after receipt of written request of a defendant in which the plaintiff must provide the defendant with a certification form that affirms that the plaintiff had obtained the necessary certifying expert opinion at the time service was requested or affirms that the plaintiff did not need to obtain a certifying expert witness opinion. The bill further provides that this certification form is not necessary if the complaint, counter claim, or third party claim contains the foregoing affirmation.
A BILL to amend and reenact § 8.01-20.1 of the Code of Virginia, relating to medical malpractice actions.11103320D
Patron: Locke
Electronic filing in civil or criminal proceedings. Provides that clerks may charge a fee of $25 for civil or criminal proceedings filed electronically and an additional $10 fee for subsequent filings in such proceedings. The fee will be deposited into the clerk's local fund to cover operational expenses of the electronic filing system. The bill clarifies that clerks may provide official certificates and certified copies of records that contain personal identifying information electronically upon request of a party or attorney. The bill also confirms the clerks' authority to charge a fee for electronic notarization of $25 per notarization consistent with the fees allowed for notarization under Title 47.1 (Notaries and Out-of-State Commissioners) and raises from $5 to $25 the maximum fee per official certificate accompanying certified records. The bill also makes various changes to clerks' duties regarding electronic filing.
A BILL to amend and reenact §§ 17.1-258.3, 17.1-258.3:2, 17.1-293, 17.1-294, and 17.1-502 of the Code of Virginia, relating to electronic filing in civil or criminal proceedings.11103744D
Patron: Stanley
Interlocutory appeal; sovereign immunity. Provides that the Commonwealth or any agency, instrumentality, political subdivision, or agent or employee thereof, have an appeal of right to the Supreme Court of Virginia of any order denying a plea of sovereign immunity entered in a civil action prior to the commencement of trial.
A BILL to amend and reenact § 8.01-670.1 of the Code of Virginia, relating to interlocutory appeal; sovereign immunity.11102433D
Patron: McEachin
Law-enforcement officer; definition. Expands the definition of law-enforcement officer under the Law Enforcement Officers Procedural Guarantee Act to include a uniformed corrections employee of the Department of Corrections, regardless of the officer’s authority to make arrests.
A BILL to amend and reenact § 9.1-500 of the Code of Virginia, relating to definition of law-enforcement officer.11104022D
Patron: Martin
Making, drawing, uttering, or delivering a bad check; penalty. Provides that any person making, drawing, uttering, or delivering any check, draft, or order in payment of rent pursuant to a lease agreement under Chapter 13 (Landlord and Tenant) or Chapter 13.2 (Virginia Residential Landlord and Tenant Act) of Title 55 with intent to defraud is guilty of a Class 1 misdemeanor if the amount is less than $200, and a Class 6 felony if the amount is $200 or more.
A BILL to amend and reenact § 18.2-181 of the Code of Virginia, relating to issuing bad checks in payment for rent; penalty.11103593D
Patron: Deeds
Child pornography; civil action. Creates a civil cause of action for victims of child pornography that entitles them to recover compensatory damages together with the costs of litigation. Punitive damages may also be awarded if an award of compensatory damages is made. Such actions are subject to a two-year limitations period from the later of the conclusion of a related criminal case or the notification of the victim by a member of a law-enforcement agency of the offense. The bill also provides for an additional $100 fee to be assessed upon conviction for a violation of § 18.2-374.1 (production, etc., or child pornography) or 18.2-374.1:1 (possession, etc., of child pornography).
A BILL to amend and reenact § 17.1-275.11 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-42.4, relating to child pornography; civil action.11102967D
Patron: Smith
Eminent domain; procedures. Provides that if a condemnor is required to provide an appraisal to the owner of property sought to be condemned, the condemnor must provide copies of all appraisals that the condemnor obtained prior to making an offer to acquire or initiating negotiations for the property. The bill also makes changes to the procedure for offering to sell condemned property back to the former owner to clarify when such an offer is required to be made and how such an offer is communicated to the former owner. The bill also provides that certain definitions in certain chapters of Title 25.1 (Eminent Domain) apply to the entire title.
A BILL to amend and reenact §§ 25.1-100, 25.1-108, 25.1-204, 25.1-400, 25.1-410, 25.1-411, 25.1-414, and 25.1-417 of the Code of Virginia, relating to eminent domain; procedures.11104762D
Patron: McDougle
Motor vehicle dealers and manufacturers. Clarifies the time within which a dealer may request a hearing before the DMV Commissioner in the event of a dispute with a manufacturer.
A BILL to amend and reenact § 46.2-1573 of the Code of Virginia, relating to regulation of motor vehicle dealers; hearings and other remedies.11104853D
Patron: Marsden
Collection of fines, costs, and fees, etc. Requires the cost of collecting fines, costs, and fees be added to the total amounts due instead of paid from amounts collected. The bill also allows the Department of Taxation’s fee to localities for collecting fines, costs, and fees to be added to the total amounts due.
A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to collection of fines, costs and fees, etc.11104141D
Patrons: Saslaw, Norment
Medical malpractice; privileged communications of certain committees. Provides that nothing in the statute governing privileged communications of certain health committees shall be construed as providing any privilege to any health care provider, emergency medical services agency, community services board, or behavioral health authority with respect to any factual information regarding specific patient care or treatment, including patient care incidents, whether oral, electronic, or written. The deliberative process, opinions, and reports of expert witnesses retained by any medical staff committee, utilization review committee, or other committee, board, group, commission, or other entity, and the analyses, findings, conclusions, and recommendations of such entities, shall be privileged under the aforementioned statute.
A BILL to amend and reenact § 8.01-581.17 of the Code of Virginia, relating to medical malpractice; privileged communications of certain committees.11104595D