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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 30, 2013
Time and Place: 1/2 Hour After Adjournment / Senate Room B
Updated to add SB 1234
Patron: Black
Appointment of judge by circuit court. Restricts the circuit courts from appointing to judicial office any person either house of the General Assembly failed to elect.
A BILL to amend and reenact § 16.1-69.9:2 of the Code of Virginia, relating to appointment of judge by circuit court.13100192D
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: Garrett
Spousal privilege. Creates a statutory exception to the spousal privilege in criminal cases where the spouses conspired or acted jointly in the commission of the crime.
A BILL to amend and reenact § 19.2-271.2 of the Code of Virginia, relating to testimony of husband and wife in criminal cases; exception.13100721D
Patron: Marsden
Juvenile offenders; sentence modification. Requires a sentencing hearing for persons convicted of a crime committed when a juvenile for which the only available punishment is a life sentence and provides that the punishment is a Class 2 felony (20 years to life). This bill is in response to Miller v. Alabama (567 U.S.___, 2012) where the United States Supreme Court held that the Eighth Amendment prohibits a sentencing scheme that requires life in prison without the possibility of parole for juvenile homicide offenders.
A BILL to amend and reenact § 16.1-272 of the Code of Virginia, relating to sentence modification for certain juvenile offenders.13100737D
Patron: Alexander
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 19.2 a section numbered 19.2-12, relating to vacation of criminal convictions upon occurrence of fraud upon the court.13101177D
Patron: Locke
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction or adjudication was obtained by the commission of a material fraud upon the court or perjured testimony.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 19.2 a section numbered 19.2-12, relating to vacation of criminal convictions upon occurrence of fraud upon the court.13101271D
Patron: Edwards
Criminal history record checks; barrier crimes. Clarifies the list of barrier crimes for individuals seeking employment or seeking to provide contract services at nursing homes, home care organizations, hospices, state facilities and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities; applicants for licensure, registration, or approval as assisted living facilities, child welfare agencies, or family day homes approved by family day systems; individuals with whom a local board of social services or child-placing agency is considering placing a child on an emergency, temporary, or permanent basis; foster and adoptive homes seeking approval from child-placing agencies; and providers of adult services and adult foster care seeking approval by the Department of Social Services by setting out each of the crimes included in the definition of "barrier crime." This bill also reorganizes and consolidates sections governing background checks for facilities and individuals licensed or regulated by the Departments of Health, Behavioral Health and Developmental Services, and Social Services. The bill also makes technical changes and updates obsolete language.
A BILL to amend and reenact §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-162.9:1, 63.2-1702, 63.2-1704, 63.2-1717, 63.2-1720, and 63.2-1721 through 63.2-1726 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 5 of Title 32.1 an article numbered 8, consisting of a section numbered 32.1-169.15:1, by adding in Title 37.2 a chapter numbered 4.1, consisting of sections numbered 37.2-441, 37.2-442, and 37.2-443, and by adding sections numbered 63.2-1720.1 and 63.2-1721.1 through 63.2-1721.4; and to repeal §§ 32.1-126.01, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 37.2-607, 63.2-901.1, 63.2-1601.1, and 63.2-1719 of the Code of Virginia, relating to criminal history background checks; barrier crimes.13101502D
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: Ruff
Powers of personal representatives; digital accounts. Provides that the personal representative of a decedent has the power to take control of, conduct, continue, or terminate the decedent's accounts on any social networking website, microblogging or short message service website, or electronic mail service website.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 64.2 a section numbered 64.2-109, relating to powers of personal representatives; digital accounts.13102070D
Patron: Ruff
Fiduciary access to digital assets. Enables a fiduciary to gain access to the digital accounts and digital assets of the person or estate to whom he owes a fiduciary duty upon making a written request to the custodian of the digital accounts and digitals assets and submitting proof of the fiduciary relationship.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 64.2 an article numbered 3, consisting of sections numbered 64.2-109 and 64.2-110, relating to fiduciary access to digital assets.13102072D
Patron: Stuart
Exhumations; basis for. Requires that a party petitioning a court to order the exhumation of the body of any dead person provide a sworn statement that sets forth either facts establishing a reasonable possibility of (i) the requisite sexual conduct between the petitioner's alleged ancestors or (ii) a biological relationship between the petitioner and his alleged ancestors.
A BILL to amend and reenact § 32.1-286 of the Code of Virginia, relating to basis for exhumation.13101107D
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: Obenshain
Multijurisdiction grand jury. Adds to the criminal violations that a multijurisdiction grand jury may investigate the following: crimes by mobs, malicious felonious assault and malicious bodily woundings, robbery, carjacking, felonious sexual assault, certain arsons, and RICO crimes.
A BILL to amend and reenact § 19.2-215.1 of the Code of Virginia, relating to multijurisdiction grand jury.13101632D
Patron: Garrett
Medical assistance fraud investigations; service of subpoenas. Authorizes the Attorney General or his authorized representative to serve subpoenas in medical assistance fraud cases.
A BILL to amend and reenact § 32.1-320 of the Code of Virginia, relating to duties of Attorney General; service of subpoenas in medical assistance fraud investigations.13101032D
Patron: Ruff
Impeding hunting; drones; penalty. Provides that the use of a drone by a private person to monitor and photograph persons lawfully hunting on private property, when the drone is used by a private person without the permission of the landowner, constitutes impeding hunting, a Class 3 misdemeanor.
A BILL to amend and reenact § 29.1-521.1 of the Code of Virginia, relating to willfully impeding hunting; unmanned aerial vehicles.13102071D
Patron: Northam
Retention of case records; general district court. Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years.
A BILL to amend and reenact § 16.1-69.55 of the Code of Virginia, relating to record retention in general district courts.13102799D
Patron: Marsden
Emergency protective orders; expungement. Provides the mechanism for a person who is the subject of an emergency protective order issued in connection with a warrant for the arrest of such person to expunge the order from the record if the warrant did not result in a criminal charge against such person or if no subsequent preliminary protective order was issued against such person. The bill also permits a person who is the subject of an emergency protective order who was charged with a crime to expunge the order if the person was acquitted of the charge or the charge was otherwise dismissed.
A BILL to amend and reenact §§ 19.2-392.2 and 19.2-392.4 of the Code of Virginia, relating to emergency protective orders; expungement.13100917D
Patron: McWaters
Use of a handheld personal communications device while driving. Makes using a handheld personal communication device while driving on a bridge or in a tunnel a primary offense. All other offenses involving the use of a handheld personal communication device while driving remain secondary offenses. The bill also increases the penalty for causing an accident because of the use of a handheld personal communications device while driving on a bridge or in a tunnel to $150 for a first offense and $250 for a second or subsequent offense.
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to use of handheld personal communications devices while operating a motor vehicle.13100467D
Patron: Reeves
Search and seizure of computer and contents. Provides that any search warrant issued for the search and seizure of a computer, computer network, or other device containing electronic or digital information shall be deemed to include the search and seizure of the physical components and the electronic or digital information contained in any such device or network. The bill also provides that the search of the contents of any such device or network may be done in any location and is not limited to the location where such device or network was seized.
A BILL to amend and reenact § 19.2-53 of the Code of Virginia, relating to seizure and search of computers and like devices.13101873D
Patron: Newman
Agreements for consolidation or cooperation of police departments; private police departments. Allows private police departments that have been designated as criminal justice agencies and are subject to the training and compliance requirements of the Department of Criminal Justice Services to be party to a consolidation or cooperation agreement with the police departments of any locality, any federal agency exercising police powers, the police of a state-supported institution of higher education, and the Division of Capitol Police.
A BILL to amend and reenact §§ 15.2-1724 and 15.2-1726 of the Code of Virginia, relating to agreements for consolidation or cooperation of police departments; private police departments.13102913D
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: Carrico
Conveyance of easements. Authorizes the conveyance of right-of-way easements between the Department of Forestry and the Ratcliffe Foundation. The easements will allow the Department better access to Channels State Forest and will allow the Foundation to access its other properties.
A BILL authorizing the exchange of easements between the Department of Forestry and the Ratcliffe Foundation.13101251D
Patron: McDougle
DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Under current law, only the defendant's BAC at the time of the incident is considered. Results of a blood or breath test used for a DUI conviction are admissible for the purpose of showing willful and wanton conduct, and the certificate of analysis and a certified copy of the conviction are prima facie evidence of the conviction and the defendant's BAC.
A BILL to amend and reenact § 8.01-44.5 of the Code of Virginia, relating to exemplary damages for persons injured by intoxicated drivers.13101826D
Patron: Herring
Prior sex offenses against children admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of child sexual abuse, evidence of the defendant's conviction of another offense or offenses of child sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-67.7:1, relating to admission of prior child sex offenses into evidence in child sex crime cases.13101962D
Patron: McDougle
Appeal of bond decision. Provides that when a bail, bond, or recognizance decision is appealed, the court that made the decision may, for good cause shown, stay the execution of the order for so long as reasonably practicable for the party appealing the order to obtain an expedited hearing before the court to which such order was appealed.
A BILL to amend and reenact §§ 19.2-124 and 19.2-132 of the Code of Virginia, relating to appeal of bond decision; stays.13101092D
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: Norment
Continuances; appearance of parties. Provides that the court cannot require the parties or their counsel to appear at the originally scheduled hearing when a continuance is granted in advance of the date of the originally scheduled trial or hearing.
A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 a section numbered 19.2-266.3, relating to continuances; appearances.13102987D
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: Barker
Driving while texting; primary offense; increased penalties. Provides that driving while texting is a traffic infraction punishable, for a first offense, by a fine of $250 and, for a second or subsequent offense, by a fine of $500. The current penalties are $20 for a first offense and $50 for a second or subsequent offense. The bill also changes the offense from a secondary offense (one that can only be charged when the offender is stopped for another, separate offense) to a primary offense. The bill also provides that a violation of this provision does not preclude prosecution under any other applicable provision of the criminal law or of the law governing the operation of motor vehicles.
A BILL to amend and reenact § 46.2-1078.1 of the Code of Virginia, relating to penalty for texting while driving; primary offense.13103482D
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: Smith
Littering and illegal dumping; community service. Provides that when a person is convicted of illegally dumping or disposing of garbage or refuse on public property or on private property without the permission of the owner, the court shall order a mandatory minimum of 10 hours of community service. Under current law, community service in litter abatement may be ordered in lieu of confinement in jail and is not mandatory.
A BILL to amend and reenact § 33.1-346 of the Code of Virginia and to repeal § 33.1-346.1 of the Code of Virginia, relating to littering and illegal dumping; community service.13102620D
Patron: McDougle
DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Currently, only the defendant's BAC at the time of the incident is considered.
A BILL to amend and reenact § 8.01-44.5 of the Code of Virginia, relating to DUI; exemplary damages.13101093D
Patron: McDougle
Retention of case records; general district court. Permits the chief judge of a general district court to direct the clerk of that court to destroy documents related to civil and criminal cases that have been ended for a period of three years, provided that they have been microfilmed or converted to an electronic format. Currently, such documents must be retained for 10 years. This bill is a recommendation of the Committee on District Courts.
A BILL to amend and reenact § 16.1-69.55 of the Code of Virginia, relating to record retention in general district courts.13100999D
Patron: Norment
Reckless driving; using a handheld communications device; penalty. Provides that driving while simultaneously using a handheld communications device for something other than verbal communication constitutes driving a motor vehicle that is not under proper control, punishable as reckless driving, a Class 1 misdemeanor. Under current law, the more specific offense of "texting while driving" (repealed by this bill) incurs a $20 fine and is a secondary offense, which means that a law-enforcement officer must have cause to stop or detain a driver for some other violation, the primary offense, before issuing a citation for texting while driving, the secondary offense.
A BILL to amend and reenact §§ 46.2-341.20 and 46.2-853 of the Code of Virginia and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful use of handheld personal communications devices while driving; penalty.13102174D
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: Barker
Reckless driving; texting; penalty. Provides that texting while driving is punishable as reckless driving, a Class 1 misdemeanor; currently, violations incur a $20 fine. The bill also makes texting while driving a primary offense; currently, law-enforcement officers must have cause to stop or detain a driver for some other violation before issuing a citation for texting while driving. If the degree of culpability is slight, the person may be found not guilty of reckless driving but guilty of texting while driving, which is punishable by a $50 fine.
A BILL to amend and reenact § 46.2-341.20 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 46.2-853.1, and to repeal § 46.2-1078.1 of the Code of Virginia, relating to unlawful texting while driving; penalty.13103497D
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
Patron: Ebbin
Forced prostitution; expungement. Provides that there shall exist an affirmative defense to the crime of prostitution when the person arrested or charged was abducted for the purpose of prostitution in violation of § 18.2-48 and was induced to engage in prostitution through the use of force, intimidation, or deception by another. The bill also provides for expungement of a prostitution charge when the person was abducted for the purpose of prostitution in violation of § 18.2-48 and was induced to engage in prostitution through the use of force, intimidation, or deception by another.
A BILL to amend and reenact §§ 18.2-346 and 19.2-392.2 of the Code of Virginia, relating to forced prostitution; expungement of prostitution charges.13103887D
Patron: Stuart
Service of process; timing. Provides that in order to be timely, service of process must be made within six months from the commencement of the action. Currently, service of process is timely if made within 12 months. The bill also provides that no nonsuit may be taken more than six months after the commencement of an action in the absence of timely service of process unless the court finds that the plaintiff exercised due diligence in attempting to serve process.
A BILL to amend and reenact §§ 8.01-275.1 and 8.01-277 of the Code of Virginia, relating to service of process; timing.13103825D
Patron: Garrett
Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the judgment. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-680.1, relating to erroneously admitted evidence; appeal.13101641D
Patron: Martin
Release of accused to pretrial services only when indigent. Provides that, when a person is arrested for either a felony or a misdemeanor, any judicial officer may place the person in the custody and supervision of a designated person, organization, or pretrial services agency but that no person shall be released to a pretrial services agency without a secured bond unless he is determined by a court to be indigent.
A BILL to amend and reenact § 19.2-123 of the Code of Virginia, relating to conditions of release without secured bond.13103932D
Patron: Smith
Property conveyance; certain real property to the Mennel Milling Company located in Roanoke County, Virginia. Modifies a 2011 enactment whereby the Department of General Services was authorized to convey certain real property to the Mennel Milling Company. The bill changes the terms of the conveyance of certain real property to the Mennel Milling Company located in Roanoke County, Virginia, by providing that the conveyance is to be made at no cost to the Commonwealth relating to the conveyance such as title insurance fees and premiums, environmental investigations, and survey costs, but expressly excluding any potential costs expended by the Commonwealth related to the improvement and use of the property exchanged or for costs expended by the Commonwealth in connection with the use of the parcel conveyed. The bill also removes the emergency clause on the 2011 enactment.
A BILL to amend and reenact § 1 of Chapter 256 of the Acts of Assembly of 2011 and to repeal the second enactment of Chapter 256 of the Acts of Assembly of 2011, relating to the conveyance of certain real property to the Mennel Milling Company located in Roanoke County.
13103790D
Patron: Garrett
Temporary detention; execution of order; transportation. Requires the law-enforcement agency that is specified by a magistrate to execute a temporary detention order and provide transportation to do so by 5:00 p.m. on the day following receipt of the magistrate's order.
A BILL to amend and reenact §§ 16.1-340.2 and 37.2-810 of the Code of Virginia, relating to temporary detention order; execution and transportation.13103303D
Patron: McEachin
Limitations on use of drone aircraft. Provides that no state agency or organization having jurisdiction over criminal law enforcement or regulatory violations, including but not limited to the Department of State Police nor any department of law enforcement of any city, county or town, shall procure a public unmanned aircraft system (drone aircraft) without the approval of the General Assembly or the local governing body, respectively. The bill requires a warrant for use of such an aircraft. The bill also provides that it is not unlawful for any law-enforcement officer or other public official to operate a public unmanned aircraft system and disclose personal information from such operation if such officer reasonably determines that an emergency situation exists that involves immediate danger of death or serious physical injury to any person and the situation requires operation of a public unmanned aircraft system before a warrant authorizing such interception can, with due diligence, be obtained and there are grounds upon which such a warrant could be entered to authorize such operation. The bill also provides that it is not unlawful for a public institution of higher education to operate a public unmanned aircraft system solely for research or academic purposes. The bill also contains extensive procedural guarantees against release of personal information and contains reporting requirements by agencies and courts with respect to use of and data collected by such aircraft.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-56.3, relating to regulation of public unmanned aircraft.
13103017D
Patron: Norment
Venue in civil cases; conduct of business activity; change of venue. Eliminates from the list of Category B venue (permissible venue) the forum where the defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth. The bill also provides that Category B venue exists where a defendant that is a corporation, partnership, or limited liability company has its principal office or place of business. The bill further provides that a court that has Category A venue (preferred venue) over a case may transfer that case to another forum if there is a lack of a practical nexus between the transferring court and the underlying cause of action.
A BILL to amend and reenact §§ 8.01-262, 8.01-265, and 16.1-77.2 of the Code of Virginia, relating to venue in civil cases; conduct of business activity; change of venue.13103904D