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2013 SESSION

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Senate Committee on Courts of Justice

Chairman: Thomas K. Norment, Jr.

Clerk: Hobie Lehman, Tyler Trumbo
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 11, 2013
Time and Place: 8AM / Senate Room B
Updated to add SB 1376, SB 1377 and SB 1378

H.B. 1425

Patron: Greason

Tenant's remedies; general district court. Provides that if a landlord unlawfully causes an interruption of utility services for leased premises, the residential tenant may obtain an order from general district court to recover possession of the premises, require the resumption of such interrupted utility services, or terminate the rental agreement.

A BILL to amend and reenact §§ 55-225.2, 55-248.26, and 55-248.40 of the Code of Virginia, relating to tenant's remedies; general district court.

13100474D

H.B. 1433

Patron: Albo

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 that accrues on or after July 1, 2013, 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. The bill also provides that, in actions that accrue on or after July 1, 2013, the past and future expenses of curing or attempting to cure the infant from a personal injury are limited by the cap on damages for medical malpractice claims, if applicable, and a parent or guardian of the infant who has paid or is personally obligated to pay such expenses has a lien and right of reimbursement against any recovery of the infant.

A BILL to amend and reenact §§ 8.01-36 and 8.01-243 of the Code of Virginia, relating to action for expenses for infant's injury; statute of limitations.

13104407D

H.B. 1477

Patron: Albo

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. If the authentication of the business record used as evidence for corroboration is not admitted in a request for admission, the record must be authenticated by a person who is not the author of the entry and who is not an adverse or interested party to the case. 

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.

13100732D

H.B. 1515

Patron: Lewis

Service pistol of Captain Randy Marshall Widgeon. Transfers the service pistol of Captain Randy Marshall Widgeon to his widow, Pamela Turlington Widgeon.

A BILL to transfer a service pistol to the widow of Captain Randy Marshall Widgeon.

13100918D

H.B. 1517

Patron: Lewis

Notice of intent to use involuntary intoxication offense. Provides that in any case in which a person charged with a felony intends (i) to put in issue his involuntary intoxication at the time of the offense charged and (ii) to present testimony of an expert to support his claim on this issue at his trial, he or his counsel shall give notice in writing to the attorney for the Commonwealth, at least 60 days prior to his trial, of his intention to present such evidence. The bill also provides for the court to appoint an expert for the Commonwealth.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 sections numbered 19.2-266.3 and 19.2-266.4, relating to notice by defendant to Commonwealth of intention to present evidence of involuntary intoxication.

13100663D

H.B. 1545

Patron: Iaquinto

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.

13101461D

H.B. 1546

Patron: Loupassi

Service of process on nonresidents. Makes several changes to how service of process is made on nonresidents and foreign corporations, including providing that (i) foreign corporations may be personally served with process outside of the Commonwealth in addition to substituted service on such corporation within the Commonwealth; (ii) service of process on the Commissioner of the Department of Motor Vehicles for nonresident motor vehicle owners or operators or the Secretary of the Commonwealth for nonresident aircraft owners or operators is effective on the date service is made on the Commissioner or the Secretary, and (iii) the Secretary of the Commonwealth or the statutory agent of a foreign corporation must provide a receipt noting the date service of process was made if the Secretary or statutory agent was served by hand delivery or any other method that does not provide a return of service. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact §§ 8.01-301, 8.01-310, 8.01-312, and 8.01-329 of the Code of Virginia, relating to service of process on nonresidents.

13100773D

H.B. 1618

Patron: Gilbert

Venue in civil cases; conduct of business activity; change of venue. Provides that Category B venue exists where a defendant that is a not an individual has its principal office or principal place of business. Currently, Category B venue exists where the president or other chief officer of a defendant that is a corporation resides. The bill also provides that Category B venue exists where a defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth provided there exists any practical nexus to the forum. There is no current requirement for such a practical nexus. 

A BILL to amend and reenact § 8.01-262 of the Code of Virginia, relating to venue in civil cases; conduct of business activity.

13104397D

H.B. 1631

Patron: Cosgrove

Drugs and paraphernalia forfeited to law enforcement. Provides that seized drugs and drug paraphernalia, the lawful possession of which is not established or the title to which cannot be ascertained, may be forfeited to a law-enforcement agency for research and training purposes. Current law limits such forfeiture to the Department of Forensic Science for research and training purposes.

A BILL to amend and reenact § 19.2-386.23 of the Code of Virginia, relating to forfeiture of seized drugs and paraphernalia for training purposes.

13103912D

H.B. 1647

Patron: Farrell

Compliance with ignition interlock requirements by out-of-state DUI offenders. Requires that a Virginia resident who is convicted of a (substantially similar) DUI in another state comply with Virginia ignition interlock requirements.

A BILL to amend and reenact § 18.2-271.1 of the Code of Virginia, relating to compliance with ignition interlock requirements by out-of-state DUI offenders.

13103210D

H.B. 1658

Patron: Gilbert

Clerk's fees; electronic records; certification of records; etc. Revises various powers and duties of circuit court clerks for certification of records, assessment of fees, etc., such as (i) providing that the use of the term "copy teste," "true copy," or "certified copy" is prima facie evidence that a document is a certified copy of the official record kept in the clerk's office; (ii) providing that a judgment for certain assessments or fees to be paid to the clerk of court shall be recorded as a judgment in favor of the Commonwealth if such assessments or fees are not fully paid on the date of sentencing; (iii) allowing the clerk to charge for copies of records provided to court-appointed counsel in criminal cases and requiring that such counsel be reimbursed for such charges by the Criminal Fund, (iv) allowing the clerk to charge up to $10 for any service rendered by the clerk that is not part of a court proceeding and for which no specific fee is provided by law; (v) defining "operational expenses," which are funded by certain clerk's fees, to include various technology maintenance and enhancements; (vi) clarifying that a clerk shall forward an abstract of certain convictions to the Department of Motor Vehicles within 18 days after such conviction or, in the case of civil judgments, within 30 days after the judgment has become final (vii) allowing the clerk to maintain records in adoption cases in electronic format; and (viii) repealing the requirement that a clerk verify the accuracy of a record made by him.

A BILL to amend and reenact §§ 8.01-389, 8.01-405, 8.01-446, 17.1-275, 17.1-275.5, 17.1-295, 18.2-254.1, 46.2-383, 55-137.1, and 63.2-1245 of the Code of Virginia and to repeal § 17.1-247 of the Code of Virginia, relating to clerk's fees; electronic records; certification of records; etc.

13104291D

H.B. 1708

Patron: Habeeb

Civil remedies; use of depositions. Allows that requests for admission for which the responses are submitted in support of a motion for summary judgment may be based, in whole or in part, upon discovery depositions and may include admitted facts learned or referenced in such a deposition, provided that any such request for admission shall not reference the deposition or require the party to admit that the deponent gave specific testimony. The bill also allows that a motion for summary judgment seeking dismissal of any claim or demand for punitive damages, except in cases involving driving under the influence, may be sustained when based, in whole or in part, upon discovery depositions. This bill incorporates HB 1374.

A BILL to amend and reenact § 8.01-420 of the Code of Virginia, relating to use of depositions as a basis for summary judgment.

13104535D

H.B. 1709

Patron: Habeeb

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. This bill incorporates HB 1570.

A BILL to amend and reenact § 8.01-380 of the Code of Virginia, relating to dismissal of action by nonsuit; fees and costs.

13104552D

H.B. 1743

Patron: Brink

Independent living services. Provides that local departments of social services and licensed child-placing agencies may make independent living services available to persons 18 to 21 years of age who are released from commitment to the Department of Juvenile Justice after reaching 18 years of age and who were committed or entrusted to the care of a local board of social services or child-placing agency at the time they were committed to the custody of the Department of Juvenile Justice. The bill expands the definition of "independent living services" to include services provided to a person who is at least 18 years of age but who has not yet reached the age of 21 years who, immediately prior to his commitment to the Department of Juvenile Justice, was in the custody of the local board of social services. The provisions of the bill are contingent on funding in a general appropriation act passed during the 2013 Session of the General Assembly, which becomes law.

 A BILL to amend and reenact §§ 16.1-293, 63.2-100 as it shall become effective, and 63.2-905.1 of the Code of Virginia, relating to foster children committed to the Department of Juvenile Justice; independent living services.

13104469D

H.B. 1794

Patron: Miller

Nondisclosure of crime victim or witness personal and identifying information. Provides that upon request of any witness in a criminal prosecution for the sale or manufacture of drugs or a violent felony as defined in subsection C of § 17.1-805, or any crime victim, neither a law-enforcement agency, the attorney for the Commonwealth, the counsel for a defendant, a court, nor the Department of Corrections, nor any employee of any of them, may disclose, except among themselves, the residential address, telephone number, or place of employment of the witness or victim or a member of the witness's or victim's family, except to the extent that disclosure is (i) of the site of the crime, (ii) required by law or the Rules of Supreme Court, (iii) necessary for law-enforcement purposes or preparation for court proceedings, or (iv) permitted by the court for good cause. Current law provides this protection to all crime victims but to witnesses only when the prosecutions involve violations of § 18.2-46.2 or 18.2-46.3 (criminal street gang offenses).

A BILL to amend and reenact §§ 19.2-11.2 and 19.2-267 of the Code of Virginia, relating to crime victim's and witness's right to nondisclosure of certain information.

13103459D

H.B. 1892

Patron: LeMunyon

Childhood sexual abuse; statute of limitations. Clarifies that the discovery rule used to determine when a cause of action for childhood sexual abuse accrues applies when the fact of the injury and its causal connection to the abuse is first communicated to the injured person. The provisions of this bill are declarative of existing law.

A BILL to amend and reenact § 8.01-249 of the Code of Virginia, relating to childhood sexual abuse; statute of limitations.

13100137D

H.B. 1913

Patron: Surovell

Mechanics' liens; licensed contractors. Provides that a person who is not a licensed contractor may not claim a mechanic's lien if a valid contractor's license or certificate was required by law for the labor performed or materials furnished. The bill also requires that a person include on the memorandum for a mechanic's lien his license or certificate number and the dates such license or certificate was issued and will expire or certify that a license or certificate was not required by law for the labor performed or materials furnished; however, an inaccuracy in such license or certificate information that must be included in the memorandum does not bar the perfection of a mechanic's lien if the lien claimant can otherwise be reasonably identified in the records of the Board of Contractors.

A BILL to amend and reenact §§ 43-3, 43-4, 43-4.01, 43-5, 43-8, and 43-10 of the Code of Virginia, relating to mechanics' liens; licensed contractors.

13100436D

H.B. 2004

Patron: Cline

Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except in those circumstances where a common law or statutory right of action existed as of the July 1, 2013.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-219.1, relating to responsibility of possessor of real property for harm to trespasser.

13104403D

H.B. 2008

Patron: Cline

Criminal sentencing; mandatory minimum sentences; work release programs. Clarifies that no person while serving that portion of a sentence that is a mandatory minimum is eligible for work release, unless such person is participating in a work or education program operated by or under contract with the Department of Juvenile Justice.

A BILL to amend and reenact § 18.2-12.1 of the Code of Virginia, relating to mandatory minimum sentences; work release programs.

13102857D

H.B. 2229

Patron: Cline

Detention and removal of a citizen from the Commonwealth by the federal government. Provides that the Secretary of Public Safety shall request from the U.S. Secretary of Defense that, when an agency of the federal government detains any citizen pursuant to 50 U.S.C. § 1541 as provided by the National Defense Authorization Act for Fiscal Year 2012 (P.L. 112-81, § 1021 [providing for detention of any person "who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks" or "who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces"]), the U.S. Secretary of Defense shall provide notification within 24 hours of the detention to both the Secretary of Public Safety and the chief law-enforcement officer of the locality in which the citizen is detained and that the U.S. Secretary of Defense or his designee shall seek authorization from the chief law-enforcement officer of the locality in which the citizen is detained prior to removal of the citizen from the locality. The bill also provides that if the federal agency detaining any citizen pursuant to the National Defense Authorization Act fails to comply with either such request, funds appropriated for implementation or continuation of memoranda of understanding entered into by cabinet secretaries shall be contingent upon authorization by an act of the General Assembly in a subsequent year. Finally the bill authorizes the Governor to terminate any memorandum of understanding for noncompliance.

A BILL relating to detention or removal of a citizen from the Commonwealth.

13104522D

H.B. 2302

Patron: Cosgrove

Department of Criminal Justice Services; electronic security sales representatives. Provides that an electronic security sales representative shall possess a valid registration issued by the Department before selling or offering for sale any electronic security equipment in the Commonwealth.

A BILL to amend and reenact § 9.1-139 of the Code of Virginia, relating to the Department of Criminal Justice Services; electronic security sales representatives.

13103618D

H.B. 2306

Patron: Ramadan

Eminent domain; just compensation; tax assessments. Provides that just compensation paid for real property taken pursuant to eminent domain shall not be less than the appraisal of the fair market value of such property, if such an appraisal is required, or the current assessed value of such property for real estate tax purposes when the entire parcel for which the assessment has been made is to be acquired, whichever is greater. Nothing in the bill makes evidence of tax assessments admissible as proof of value in an eminent domain proceeding. Under current law, just compensation shall not be less than the appraisal of fair market value if such an appraisal is required.

A BILL to amend and reenact §§ 25.1-204, 25.1-305, 25.1-417, 33.1-89, and 33.1-120 of the Code of Virginia, relating to eminent domain; just compensation; tax assessments.

13104657D

S.B. 1376

Patron: Martin

Civil immunity for certain persons. Provides that a school official or any other person shall be immune from civil liability for reporting or investigating or causing to be investigated a report that any person poses a credible danger of serious bodily injury or death to any other person on school property so long as such report is made or such investigation is conducted in good faith and without malice.

A BILL to amend and reenact § 8.01-47 of the Code of Virginia, relating to immunity for persons reporting or investigating activities involving certain threats at schools.

13104715D

S.B. 1377

Patron: Stuart

Possession of explosive devices or firearms with intent to commit violent felony; penalties. Provides that any person who possesses an explosive device within any public, private, or religious elementary, middle, or high school, or within any building on the campus of any institution of higher education, with the intent to commit upon the premises thereof a violent felony is guilty of a Class 3 felony. The bill also provides that any person who possesses a firearm within any public, private, or religious elementary, middle, or high school, or within any building on the campus of any institution of higher education, with the intent to commit upon the premises thereof a violent felony is guilty of a Class 3 felony.

A BILL to amend and reenact §§ 18.2-85 and 18.2-308.1 of the Code of Virginia, relating to possession of explosive devices or firearms with intent to commit violent felony; penalties.

13104807D

S.B. 1378

Patron: Garrett

Sale and transport for sale of firearms to certain persons; penalty. Provides that any person who sells, barters, gives, etc., any firearm to any person he knows is prohibited from possessing or transporting a firearm under Virginia law is guilty of a Class 4 felony. Under current law, the penalty for such offense is a Class 6 felony. The bill also provides that a person who engages in the "strawman" purchase of a firearm, where he purchases a firearm with the intent to resell or transport with the intent to resell outside of the Commonwealth to any person he knows is prohibited from purchasing a firearm, is guilty of a Class 4 felony and shall be sentenced to a mandatory minimum term of imprisonment of one year. Under current law, the penalty for such an offense is a Class 5 felony. Finally, the bill provides that a person who is ineligible to purchase or possess a firearm and who assists any other person in the strawman purchase of a firearm is guilty of a Class 4 felony with a mandatory minimum term of imprisonment of five years. Under current law, the penalty for such offense is a Class 5 felony. If such violation involves multiple firearms, the mandatory minimum term of imprisonment is 10 years.

A BILL to amend and reenact §§ 18.2-308.2:1 and 18.2-308.2:2 of the Code of Virginia, relating to the sale or transport for sale of firearms on behalf of or to certain persons; penalty.

13104694D