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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
Chairman: Thomas K. Norment, Jr.
Clerk: Angi Murphy, Cheryl Law
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 6, 2012
Time and Place: 8:00 AM -- Senate Room B
REVISED
Patron: Stuart
Authority of conservation police officers. Clarifies that conservation police officers may not stop a person for the purpose of determining compliance with the laws, rules, and regulations of the Commonwealth or its localities without reasonable suspicion of criminal activity. The bill also repeals a section of the Code allowing conservation police officers to inspect game and fish for the purposes of enforcing bag and creel limits without first making an arrest.
Patron: Edwards
Barrier crimes; listing of crimes. Clarifies the individual crimes included in the background check and barrier crime statutes affecting the Department of Behavioral Health and Developmental Services, certain licensees of the Department of Behavioral Health and Developmental Services, the Department of Social Services, and certain licensees of the Department of Social Services.
Patron: Petersen
Foreclosure; use of false records, documents, or statements. Provides that any person who knowingly makes, uses, or causes to be made or used a false or fraudulent record, document, or statement in support of any foreclosure shall be liable to the injured party. Upon proof of both a violation and damages, the injured party shall be entitled to appropriate equitable relief and compensatory damages. If compensatory damages are awarded, an injured party may also be awarded punitive damages. A person violating the provisions of this bill shall be liable for reasonable attorney fees and costs of a civil action.
Patron: Petersen
Charging orders entered against a member of a limited liability company. Provides for the direct execution of judgment on the assets of a limited liability company when the judgment debtor is the 100 percent owner of that company. The bill also specifies that entry of a charging order does not preclude the judgment debtor from seeking other available legal and equitable remedies by which to execute the judgment against the membership share of the judgment debtor. Current law provides that a charging order is the exclusive remedy by which a judgment creditor may satisfy a judgment against the debtor’s transferable interest in the company and that a judgment creditor does not have any right to obtain possession of, or otherwise exercise legal or equitable remedies with respect to, the property of the limited liability company.
Patron: Marsden
Adjudications same as conviction for certain offenses. Provides that in the case of second offense domestic assault and battery, second offense possession of marijuana and second or subsequent offense larceny, one is guilty of such crime if one has been adjudicated guilty as well as if one has been convicted.
Patron: Barker
Possession of open container of alcohol in a motor vehicle; penalty. Provides that no person shall possess an alcoholic beverage in the passenger area of a motor vehicle upon a public highway of the Commonwealth in other than the manufacturer's unopened, original container. The bill punishes violators with a civil penalty of $25.
Patron: Barker
Text messaging and emailing while driving; penalty. Allows police officers to issue citations to violators who text message or email while operating a moving motor vehicle. Currently, police officers must have cause to stop or arrest a driver for some other violation before issuing a citation.
Patrons: Obenshain, Deeds
Winter Sports Safety Act. Limits the liability of ski resorts and other winter sports area operators when death, personal injury, or property damage is caused by an inherent risk of participating in a winter sport. Winter sports area operators are required to post warning signs notifying participants that they assume the risk of participating in a winter sport. The Act sets out the duties and responsibilities of both winter sports participants and operators. Participants are presumed to have assumed the risk for death, personal injury, or damage to property caused by an inherent risk of a winter sport. This presumption is rebuttable by a preponderance of the evidence. The Act does not limit liability for acts or omissions that constitute negligence or gross negligence, or for situations in which the operator recklessly, knowingly, or intentionally commits an act or omission that causes death, personal injury, or damage to property; however, assumption of risk and contributory negligence by the participant are complete bars to recovery.
Patron: Locke
Possession of open container of alcohol in a motor vehicle; penalty. Provides that no person shall possess an alcoholic beverage in the passenger area of a motor vehicle upon a public highway of the Commonwealth in other than the manufacturer's unopened, original container. The bill punishes violators with a civil penalty of $25.
Patron: McDougle
Counterfeit and contraband cigarettes; penalties. Imposes criminal penalties for possessing and selling contraband and counterfeit cigarettes, establishes legal limits for possession of tax-paid cigarettes by parties outside the legitimate distribution chain, and establishes a limit on retail sales of tax-paid cigarettes. The bill revises the definition of counterfeit cigarettes and creates the Cigarette Enforcement Fund to receive civil penalties and aid the law-enforcement agencies that discover and investigate violations of excise tax requirements.
Patron: Marsden
Juvenile life sentences. Provides a mechanism for persons who are sentenced to life for a nonhomicide offense committed while a juvenile to petition the court for a modification of sentence.
Patron: Ruff
Medicaid; appeals of agency determinations. Provides that all recommended or final case decisions in administrative hearings regarding Medicaid overpayments shall be made in accordance with the Administrative Process Act, shall be based on the whole evidentiary record, and shall be limited to a determination of whether the Director's initial decision was within the scope of his statutory or legal authority. The bill also provides that no recommended or final case decision shall be based on principles of contract law or equity.
Patron: Watkins
Virginia Alcohol Safety Action Program moved to executive branch. Changes the Virginia Alcohol Safety Action Program from a legislative agency with its own legislatively appointed commission to an agency under the auspices of the Criminal Justice Services Board.
Patron: Colgan
Redirection of forfeited drug assets to construction of Commonwealth Public Safety Memorial. Provides that between July 1, 2012, and July 1, 2014, state and local agencies may direct cash funds and proceeds from forfeited drug assets to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Funding decisions shall be made following an internal analysis that determines contributions will not negatively impact law-enforcement training or operations.
Patron: Obenshain
Previous garnishments; costs. Allows costs incurred by a judgment creditor in connection with a prior garnishment to be collected in a subsequent garnishment attempt that is based on the same judgment. The provisions of this bill apply to garnishment summonses issued on or after January 1, 2007.
Patron: Obenshain
Redirection of forfeited drug assets to construction of Commonwealth Public Safety Memorial. Provides that between July 1, 2012, and July 1, 2014, state and local agencies may direct cash funds and proceeds from forfeited drug assets to the Virginia Public Safety Foundation to support the construction of the Commonwealth Public Safety Memorial. Funding decisions shall be made following an internal analysis that determines contributions will not negatively impact law-enforcement training or operations.
Patron: Petersen
Garnishment; venue. Provides that a judgment creditor may institute garnishment proceedings in the jurisdiction where the judgment debtor resides even though the underlying judgment was entered by another court. The judgment creditor must file with the court where the judgment debtor resides an abstract of the judgment rendered, pay all applicable court fees to the court, and file any release or satisfaction of judgment in both courts.
Patron: Deeds
Courts of record; Court of Appeals. Abolishes the Court of Appeals effective October 1, 2012.