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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: February 1, 2013
Time and Place: 7 AM / Senate Room A
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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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: 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