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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.
2013 SESSION
Chairman: Thomas K. Norment, Jr.
Clerk: Hobie Lehman, Tyler Trumbo
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 16, 2013
Time and Place: 1/2 Hour after adjournment / SR B
Updated to add SB 1214
Patron: Alexander
Medical malpractice; certification of expert witnesses. Provides that in an action for medical malpractice or wrongful death premised on medical malpractice, the plaintiff must disclose the identity and qualifications of the expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed. Such a certification is required before any action for medical malpractice or wrongful death premised on medical malpractice may be instituted, except in cases where cause of the injuries claimed lies within the jury's common knowledge and experience. Currently, the identity and qualifications of the certifying expert witness are not disclosed and are not discoverable by the plaintiff.
A BILL to amend and reenact §§ 8.01-20.1, 8.01-50.1, and 16.1-83.1 of the Code of Virginia, relating to medical malpractice; certification of expert witnesses.13100016D
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.
A BILL to amend the Code of Virginia by adding a section numbered 46.2-800.3, relating to the possession of an open container of alcohol in a motor vehicle; penalty.13101822D
Patron: Petersen
Assault and battery of magistrate; penalty. Elevates the punishment for committing an assault and battery against a magistrate who is engaged in the performance of his public duties from a Class 1 misdemeanor to a Class 6 felony, with a six-month mandatory minimum term of confinement.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of a magistrate; penalty.13102891D
Patron: Reeves
Dismissal of action by nonsuit; fees and costs. Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. The bill also provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness of such expert witness costs and may, in the court's discretion, satisfy the reasonableness requirement, without the need for further testimony.
A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to dismissal of action by nonsuit; fees and costs.
13101034D
Patron: Carrico
Emergency custody and involuntary temporary detention; transportation. Requires magistrates to authorize alternative transportation, if available, for persons subject to an emergency custody or involuntary temporary detention order if the order is based upon a finding that the person who is the subject of the order has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs but there is no substantial likelihood that the person will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information.
A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to mental health patients; transportation.13100538D
Patron: Ebbin
Assault and battery of magistrate; penalty. Elevates the punishment for committing an assault and battery against a magistrate who is engaged in the performance of his public duties from a Class 1 misdemeanor to a Class 6 felony, with a six-month mandatory minimum term of confinement.
A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery of magistrate; penalty.13101024D
Patron: Barker
Temporary detention orders; duration. Increases the maximum duration that a person may be detained pursuant to a temporary detention order from 48 to 72 hours.
A BILL to amend and reenact §§ 19.2-169.6, as it is currently effective and as it shall become effective, 19.2-182.9, 37.2-809, and 37.2-814 of the Code of Virginia, relating to temporary detention orders; duration.13101573D
Patron: Howell
Protective orders; exempt from stay pending appeal. Clarifies that a protective order entered due to a violation of an initial protective order shall remain in effect upon petition for or the pendency of an appeal. The bill also includes family abuse protective orders issued in conjunction with a family abuse disposition among other protective orders that are not stayed upon appeal. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact §§ 16.1-106 and 16.1-298 of the Code of Virginia, relating to subsequent protective orders; exempt from stay pending appeal.13100997D
Patron: Newman
Criminal Justice Training Academies; sovereign immunity of trainers. Expands the immunity from civil liability that exists for any criminal justice training academy and its directors, officers, and employees to include any law-enforcement officer or jail officer who serves as a trainer at the academy if he has been certified as an instructor by the Department of Criminal Justice Services.
A BILL to amend and reenact § 15.2-1752 of the Code of Virginia, relating to criminal justice training academies; immunity for trainers.13102910D
Patron: McDougle
Judicial conferences; meetings. Restricts meetings of the mandatory judicial conferences to no more than once every other year.
A BILL to amend and reenact §§ 16.1-220 and 17.1-708 of the Code of Virginia, relating to meetings of judicial conferences.13100275D
Patron: Herring
Lethality assessments; Virginia Sexual and Domestic Violence Victim Fund. Requires the Department of Criminal Justice Services to establish a lethality assessment program for first responders and to adopt guidelines to make the resources of the Fund available to law-enforcement authorities or appropriate programs to implement an evidence-based lethality assessment program.
A BILL to amend and reenact §§ 9.1-102 and 9.1-116.1 of the Code of Virginia, relating to lethality assessments; Virginia Sexual and Domestic Violence Victim Fund.13103481D
Patron: Barker
Restoration of parental rights. Creates a procedure for restoring parental rights to a parent whose rights to his child have previously been terminated when the child is at least 14 years of age and the child has not achieved his permanency goal. The bill also provides that the juvenile and domestic relations court may appoint a special advocate to provide services to a child who is the subject of judicial proceedings for the restoration of parental rights.
A BILL to amend and reenact § 9.1-151 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-283.2, relating to restoration of parental rights.13102809D
Patron: Hanger
Uniform Real Property Transfer on Death Act; adoption. Codifies the Uniform Real Property Transfer on Death Act, which authorizes the creation of a transfer on death deed, which, when properly executed and recorded, passes title directly to named beneficiaries without probate upon the transferor's death. The uniform act was approved by the National Conference of Commissioners on Uniform State Laws in 2009. The bill contains technical amendments.
A BILL to amend and reenact §§ 58.1-811 and 64.2-531 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 6 of Title 64.2 an article numbered 5, consisting of sections numbered 64.2-621 through 64.2-638, relating to the Uniform Real Property Transfer on Death Act.13101546D
Patron: Norment
Deadman's Statute; corroboration of testimony by business records. Revises the Deadman's Statute by allowing for the corroboration of the testimony of an adverse or interested party by an entry in a business record authored by the adverse or interested party.
A BILL to amend and reenact § 8.01-397 of the Code of Virginia, relating to the Deadman's Statute; corroboration of testimony by business records.13100539D
Patron: McEachin
Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, and prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 8.01-249 of the Code of Virginia, relating to the statute of limitations; discovery rule.13100774D
Patron: McEachin
Conversion of leased property. Removes the provision that failure to return leased property to the lessor within 10 days after written notice has been given that the rental period for the property has expired is prima facie evidence of the intent to defraud.
A BILL to amend and reenact § 18.2-118 of the Code of Virginia, relating to fraudulent conversion or removal of leased personal property.13101741D
Patron: McDougle
Post-dispositional detention of juvenile in secure local facility. Changes the period of time for which a court may order the confinement in a detention home or secure facility of a juvenile who has been found to have committed an offense that if committed by an adult would be punishable by confinement in a state or local correctional facility from a period not to exceed six months for any crime to a period not to exceed six months for a misdemeanor and a period not to exceed 12 months for a felony. The bill also requires any juvenile placed in post-dispositional detention for a period of more than 90 days to have an individualized plan for the provision of educational, treatment, and rehabilitative services.
A BILL to amend and reenact §§ 2.2-5211 and 16.1-284.1 of the Code of Virginia, relating to post-dispositional detention of juvenile in secure local facility.13103072D
Patron: Marsh
Virginia State Bar admission for full-time law school professors. Allows a full-time law professor to be admitted as an active member of the Virginia State Bar without examination provided that (i) he has been engaged in the full-time practice of law for five of the seven years immediately preceding application for membership to the Virginia State Bar; (ii) he is employed as a full-time professor at an American Bar Association accredited Virginia law school; and (iii) he meets all other requirements for admission to the Virginia State Bar. The bill provides that membership is limited to the period of employment as a full-time professor.
A BILL to amend and reenact § 54.1-3931 of the Code of Virginia, relating to granting a certificate of admission to the Virginia State Bar; law professors.13103593D
Patron: Stanley
Wrongful death and personal injury actions; future wages presumption. Creates a rebuttable presumption in actions for the personal injury or wrongful death that a person who, at the time of the injury or death, was an infant or was at least 18 years of age but less than 24 years of age and was enrolled as a full-time student would have earned wages during his lifetime at the federal minimum wage rate in effect at the time the action was filed. Such wages shall be calculated based on 40 hours of work per week for the person starting from (i) age 19, if the person was an infant, or (ii) age 24, if the person was at least 18 years of age but less than 24 years of age and a full-time student, and continuing until the person would have been 62 years of age.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-419.2, relating to wrongful death and personal injury actions; future wages presumption.13102401D
Patron: Stanley
Action for expenses for infant's injury; statute of limitations. Provides that any action by a parent or guardian of an infant for the expenses of curing or attempting to cure the infant from the result of a personal injury or loss of services of the infant shall be brought within the limitations period applicable to the infant's cause of action. Currently, such action must be brought within five years from the time the action accrued.
A BILL to amend and reenact § 8.01-243 of the Code of Virginia, relating to action for expenses for infant's injury; statute of limitations.13102394D
Patron: Vogel
Board of Juvenile Justice; membership. Increases the membership of the Board of Juvenile Justice to include two experienced educators.
A BILL to amend and reenact § 66-4 of the Code of Virginia, relating to Board of Juvenile Justice; membership.13101860D
Patron: Martin
Department of Criminal Justice Services; electronic security businesses. Combines the registered central station dispatcher, electronic security sales representative and electronic security technician under the single title of "electronic security personnel." The bill also (i) provides that an electronic services business that limits training to its employees is not required to be licensed as a private security services training school and (ii) authorizes an individual to serve as the compliance agent for multiple private security services businesses if each private security services business is provided with written notice.
A BILL to amend and reenact §§ 9.1-138, 9.1-139, and 9.1-149 of the Code of Virginia, relating to the Department of Criminal Justice Services; electronic security businesses.13100812D
Patron: Hanger
The Department of State Police; reimbursement of expenses. Provides that the Department of State Police may recover the cost of all reasonable expenses for providing emergency response services from a person convicted of certain offenses involving motor vehicles. The bill limits the liability for such reasonable expenses to $1,000, which may include the Department's cost of accounting for such expenses, limited to a fee not to exceed $350.
A BILL to amend the Code of Virginia by adding a section numbered 52-5.1, relating to the Department of State Police; reimbursement of expenses.13101624D
Patron: Alexander
Juvenile alleged to be truant; development of truancy plan. Provides that in cases in which a school attendance officer files a complaint alleging that a juvenile is a truant and the juvenile has not previously been proceeded against informally or adjudicated in need of supervision for failure to comply with compulsory school attendance laws, the intake officer shall defer filing of a petition alleging that the child is in need of supervision for 90 days and shall refer the child to the family assessment and planning team for development of a truancy plan. If the juvenile or his parent, guardian, or other person standing in loco parentis refuses to participate in the truancy plan, or if at the end of the 90-day period the child has failed to comply with the truancy plan, the intake officer shall file a petition alleging that the child is in need of supervision.
A BILL to amend and reenact §§ 16.1-260 and 22.1-258 of the Code of Virginia, relating to juvenile alleged to be truant; development of truancy plan.13102740D
Patron: Stuart
Sentencing guidelines; definition of violent felony. Adds to the list of violent felonies: killing of a fetus, criminal street gang recruitment, strangulation of another, assault and battery when it is a hate crime, felony violation of a protective order, felony infected sexual battery, enticement to bomb, manufacture bombs, hoax explosive devices, etc., willfully discharging a firearm in a public place resulting in bodily injury, brandishing a machete or other bladed weapon near a school, wearing body armor while committing certain crimes, possession of assault or other firearm by aliens, display of grooming video to child, cross burning, burning object with intent to intimidate, placing a swastika with intent to intimidate, displaying noose with intent to intimidate, treason, escape of sexually violent predator, and unauthorized dissemination of fusion center information resulting in death or serious bodily injury. When an offense falls under the definition of violent felony, sentencing ranges are increased, punishment is statutorily enhanced for certain other offenses, eligibility for participation in a drug treatment court is restricted, there is a presumption against bail for persons illegally present in the United States, the definition of victim for the purpose of compensation of crime victims by the Criminal Injuries Compensation Fund is expanded, registration of tow truck drivers is prohibited, and restoration of voting rights is limited.
A BILL to amend and reenact § 17.1-805 of the Code of Virginia, relating to sentencing guidelines; definition of violent felonies.
13101864D
Patron: Stanley
Correcting errors in deeds; affidavit. Allows an attorney to record a corrective affidavit to correct an obvious description error contained in a recorded deed, deed of trust, or mortgage. Obvious description errors include (i) errors transcribing courses and distances, (ii) errors incorporating a recorded plat or deed reference, (iii) errors in listing a lot number or designation, and (iv) omitted exhibits that supply the legal description of the property. Before a corrective affidavit may be recorded, all parties to the deed, deed of trust, or mortgage and the title insurance company must be provided with a copy of the affidavit and such parties have 30 days to object in writing to the recordation of the corrective affidavit.
A BILL to amend the Code of Virginia by adding a section numbered 55-109.2, relating to correcting errors in deeds; affidavit.
13103784D
Patron: Marsden
Placement in secure local facility. Reduces the time period during which a juvenile who has committed an offense that would have been a misdemeanor if committed by an adult may be detained in a detention home or other secure local facility from a period not to exceed six months to a period not to exceed 90 days.
A BILL to amend and reenact § 16.1-284.1 of the Code of Virginia, relating to placement in secure local facility.13103743D
Patron: Northam
Medical malpractice; expert witness certification; court review. Provides that in an action for medical malpractice or wrongful death premised on medical malpractice, the court, upon good cause shown, may conduct an in camera review of the opinion obtained by the plaintiff of an expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed. Such a certification is required before any action for medical malpractice or wrongful death premised on medical malpractice may be instituted, except in cases where cause of the injuries claimed lies within the jury's common knowledge and experience.
A BILL to amend and reenact §§ 8.01-20.1, 8.01-50.1, and 16.1-83.1 of the Code of Virginia, relating to medical malpractice; expert witness certification; court review.
13102289D