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2014 SESSION

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Senate Committee on Courts of Justice

Chairman: Thomas K. Norment, Jr.

Clerk: Hobie Lehman
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: January 13, 2014
Time and Place: 8 AM / Senate Room B

S.B. 7

Patron: Stuart

Virginia State Bar; Clients' Protection Fund. Repeals the July 1, 2015, sunset provision on the Supreme Court's authority to adopt rules assessing members of the Virginia State Bar an annual fee of up to $25 to be deposited in the Clients' Protection Fund.

A BILL to repeal the second enactment of Chapter 807 of the Acts of Assembly of 2007, relating to the Virginia State Bar; Clients' Protection Fund.

14101568D

S.B. 31

Patron: Stanley

Methamphetamine cleanup; certification. Requires the Board of Health, in consultation with the Department of Environmental Quality and other entities, to establish a program certifying that a building that was previously a methamphetamine manufacturing site is safe for human occupancy and requires a person convicted of manufacturing methamphetamine to pay the cost of the certification. Current law requires the convicted person to pay cleanup costs.

A BILL to amend and reenact §§ 18.2-248 and 32.1-11.7 of the Code of Virginia, relating to methamphetamine sites; clean up.

14100865D

S.B. 59

Patron: Stuart

Maintenance of certain warrants by clerks of court. Provides that the responsibility for maintaining the files of executed administrative search warrants, investigation warrants, and inspection warrants lies with the clerk of the circuit court of the city or county in which the search or investigation was made. Currently, the issuing magistrate or judge is responsible for maintaining such warrants. The bill is a recommendation of the Judicial Council.

A BILL to amend and reenact §§ 3.2-3942, 3.2-6568, 10.1-610, 15.2-2286, 19.2-394, 19.2-395, 27-32.2, 27-37.1, 27-98.2, 27-98.3, 27-98.5, 36-105, 40.1-49.9, 40.1-49.10, 40.1-49.12, and 63.2-1718 of the Code of Virginia, relating to maintenance of executed administrative search warrants, investigation warrants, and inspection warrants.

14101442D

S.B. 85

Patron: Watkins

Department of Criminal Justice Services; private security services businesses; exemption from training for certain central dispatchers. Provides that central station dispatchers employed by a UL listed central station are exempt from training requirements established by the Department of Criminal Justice Services. The bill defines "UL listed central station" as an alarm monitoring facility that has been certified as meeting the standards promulgated by the Underwriters Laboratories, Inc.

A BILL to amend the Code of Virginia by adding a section numbered 9.1-140.01, relating to the Department of Criminal Justice Services; private security services businesses; exemption from training for certain central dispatchers.

14100757D

S.B. 94

Patron: Edwards

Evidence by affidavit in divorce proceedings; residency requirement. Provides that the affidavits submitted as evidence by a party in a no-fault divorce action and by a corroborating witness affirm that at least one party to the suit is, and has been for a period in excess of six months immediately preceding the commencement of the suit, a bona fide resident and domiciliary of the Commonwealth. Current law does not specify that the six-month period of residency need be immediately preceding the commencement of the suit.

A BILL to amend and reenact § 20-106 of the Code of Virginia, relating to evidence by affidavit in divorce proceedings.

14102626D

S.B. 114

Patron: Stanley

Suit for personal injury; report from health care provider licensed outside of the Commonwealth. Provides that in a personal injury suit tried in a general district court or appealed to the circuit court, either party may present evidence of the injury, treatment, and cost through a report from a health care provider licensed outside of the Commonwealth for his treatment of the plaintiff outside of the Commonwealth.

A BILL to amend and reenact § 16.1-88.2 of the Code of Virginia, relating to suit for personal injury; report from health care provider licensed outside of the Commonwealth.

14102275D

S.B. 128

Patron: Favola

Commitment of juvenile to Department of Juvenile Justice; consideration of social history. Requires a judge to review and take into consideration the results of an investigation of the social history of a juvenile before ordering the juvenile to be committed to the Department of Juvenile Justice for placement in a juvenile correctional center. Under current law, the investigation may be completed up to 15 days after the juvenile is committed to the Department. The bill provides that circuit court judges are not required to review a social history prior to sentencing or commitment. The bill also requires the Department of Juvenile Justice to develop a model social history and guidelines to be used by court services units when preparing a social history and to report its progress to the Commission on Youth by the 2015 Regular Session of the General Assembly. The bill has a delayed effective date of October 1, 2014, for the provisions related to the court's review of a social history prior to commitment.

A BILL to amend and reenact §§ 16.1-272, 16.1-273, 16.1-278.7, and 16.1-278.8 of the Code of Virginia, relating to commitment of juvenile to the Department of Juvenile Justice; consideration of social history.

14102998D

S.B. 133

Patron: Marsden

Employment of court services unit directors. Provides that the hiring and employment of state and local court services unit directors is under the Department of Juvenile Justice. Under current law, the juvenile and domestic relations district court judge or judges appoint the director from a list of eligible persons submitted by the Director of the Department of Juvenile Justice. Transfer, demotion, or separation of a director is currently under the authority of the Director of the Department of Juvenile Justice in accordance with the Virginia Personnel Act after consulting with the judge or judges; the bill removes the requirement to consult with the judge or judges.

A BILL to amend and reenact § 16.1-236.1 of the Code of Virginia, relating to employment of court services unit directors.

14101654D

S.B. 152

Patron: Stuart

Disclosure of presence of dam. Requires the first seller of a residential property (developer) that is located in a dam break inundation zone to disclose to any prospective purchaser of the property that the property is located in such a zone and that the failure of the dam may represent a threat to public health and safety.

A BILL to amend and reenact §§ 55-518 and 55-519 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-519.5, relating to disclosure of presence of a dam.

14101558D

S.B. 170

Patron: Stanley

Mandatory judicial retirement. Increases the mandatory retirement age under the Judicial Retirement System from 70 years of age to 72 years of age.

A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to mandatory judicial retirement age.

14100862D

S.B. 185

Patron: Stuart

Physician assistant; chiropractor as expert witness. Provides that a physician assistant, when properly qualified, may testify as an expert witness in a court of law within the scope of their activities as authorized under Virginia law, but may not testify as an expert witness against a doctor of medicine or osteopathic medicine in a medical malpractice proceeding or review panel. The bill also adds "treatment" and "treatment plan" to those areas concerning which a physician assistant or chiropractor may testify as an expert witness.

A BILL to amend and reenact §§ 8.01-401.2 and 8.01-401.2:1 of the Code of Virginia, relating to expert witness testimony; physician assistant; chiropractor; podiatrist.

14102092D

S.B. 186

Patron: McDougle

Criminal Injuries Compensation Fund. Allows the Fund to extend the time for filing a claim if the attorney for the Commonwealth submits written notice that the crime is being investigated as a result of newly discovered evidence. The bill applies to crimes committed on or after July 1, 1977, because under current law, the only claims that can be accepted are those for crimes that occurred on or after that date. The bill does not apply to crimes committed on or after July 1, 2001, because legislation that became effective on July 1, 2001, allowed the Virginia Workers' Compensation Commission, which administers the Fund, to extend the time for filing for good cause shown.

A BILL to amend and reenact § 19.2-368.5 of the Code of Virginia, relating to the Criminal Injuries Compensation Fund; filing of claims.

14100151D

S.B. 226

Patron: Petersen

Employment contracts; enforcement; applicable law. Provides that Virginia courts shall not enforce any provision of an employment contract if the provision is invalid or unenforceable under the laws of Commonwealth. The measure also provides that a choice-of-law provision in an employment contract that states that the laws of another state or other jurisdiction shall apply with regard to the interpretation or enforceability of a provision of the contract is void and unenforceable.

A BILL to amend the Code of Virginia by adding a section numbered 11-4.6, relating to enforceability of provisions in employment contracts that are invalid or unenforceable under the laws of the Commonwealth; choice of law.

14100392D

S.B. 229

Patron: Petersen

Injunctions; objection to petition for review. Requires an aggrieved party that files a petition for review of the granting or denial of an injunction with the Virginia Supreme Court or Court of Appeals to serve a copy of the petition for review on the counsel for the opposing party. The bill allows the opposing party 10 days after service within which to submit its opposition to the petition.

A BILL to amend and reenact § 8.01-626 of the Code of Virginia, relating to injunctions; opposition to petition for review.

14100381D

S.B. 230

Patron: Petersen

Judgment on affidavit in action upon contract or note; grounds for dismissal. Provides that an action upon a contract or note for which the plaintiff is entitled to judgment on an affidavit shall not be subject to dismissal for reason of a defect in the affidavit.

A BILL to amend and reenact § 8.01-28 of the Code of Virginia, relating to judgment on affidavit in action upon contract or note; grounds for dismissal.

14100382D

S.B. 231

Patron: Petersen

Mandatory judicial retirement. Increases the mandatory retirement age under the Judicial Retirement System from 70 years of age to 73 years of age.

A BILL to amend and reenact § 51.1-305 of the Code of Virginia, relating to mandatory judicial retirement age.

14100389D

S.B. 232

Patron: Petersen

Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.

A BILL to amend and reenact § 8.01-299 of the Code of Virginia, relating to substituted service of process on registered agent of corporation.

14100390D

S.B. 233

Patron: Petersen

Prejudgment interest on awards; insurer denial of coverage or liability. Requires an insurer to pay interest on the principal sum awarded by the court at the judgment rate from the date of the filing of a civil action that is instituted by an insured against his insurer, or by a third party asserting a claim against an insured covered by an insurer under a liability insurance policy, when the action is instituted after the insurer has denied coverage or liability.

A BILL to amend and reenact § 8.01-382 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-209.1, relating to awards of prejudgment interest against insurers.

14101842D

S.B. 245

Patron: McEachin

Qualification of administrator in action for wrongful death or personal injury. Clarifies that a nonresident fiduciary may qualify as an administrator of an estate for the purpose of bringing a wrongful death or personal injury cause of action. Additionally, the bill provides that a resident and nonresident may be appointed as coadministrators. The bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 64.2-454 of the Code of Virginia, relating to qualification of administrator in action for wrongful death or personal injury.

14100531D

S.B. 253

Patron: McDougle

Civil immunity for members of or consultants to certain boards or committees; accreditation; health care providers. Expands the list of accreditation entities that may accredit health systems to include any entity granted authority to do so under the Centers for Medicare and Medicaid Services. The bill also extends civil liability protection to members of, or consultants to, boards or committees established under guidelines approved or adopted by statewide or local associations representing licensed health care providers.

A BILL to amend and reenact § 8.01-581.16 of the Code of Virginia, relating to civil immunity for members of or consultants to certain boards or committees.

14101786D

S.B. 271

Patron: Miller

Charges for additional services provided by a marriage celebrant. Allows a person other than a minister who is authorized to celebrate the rites of marriage to negotiate payment for any services in addition to the marriage ceremony that are agreed to by the celebrant and the couple.

A BILL to amend and reenact § 20-27 of the Code of Virginia, relating to charges for additional services provided by marriage celebrant.

14100335D

S.B. 289

Patron: Carrico

Line of Duty Act; funding and review. Creates a Line of Duty Death and Health Benefits Fund and provides for the funding of Line of Duty claims. The bill also establishes an advisory review board to assist the Comptroller in the review of claims involving a claimant who has not received a disability determination from the Virginia Retirement System, Social Security Administration, Workers' Compensation Commission, or any recognized retirement system or who is, as of the time the claim for benefits had been filed, working in an alternative position.

A BILL to amend and reenact §§ 9.1-401, 9.1-402, 9.1-403, 9.1-404, 9.1-405, and 58.1-662 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 9.1-400.1 and 9.1-400.2, relating to Line of Duty Act; funding and review.

14102503D

S.B. 318

Patron: Vogel

General district courts; days of operation. Provides that the clerk's office of every district court shall be kept open for the transaction of business on every day except Saturday, Sunday, and the statewide legal holidays designated in the Code of Virginia. Currently the days of operation are set by the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.33 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-69.33:1, relating to general district courts; days of operation.

14103417D

S.B. 493

Patron: Puckett

Line of Duty Act; funding and review. Creates a Line of Duty Death and Health Benefits Fund and provides for the funding of Line of Duty claims. The bill also establishes an advisory review board to assist the Comptroller in the review of claims involving a claimant who has not received a disability determination from the Virginia Retirement System, Social Security Administration, Workers' Compensation Commission, or any recognized retirement system or who is, as of the time the claim for benefits had been filed, working in an alternative position.

A BILL to amend and reenact §§ 9.1-401, 9.1-402, 9.1-403, 9.1-404, 9.1-405, and 58.1-662 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 9.1-400.1 and 9.1-400.2, relating to Line of Duty Act; funding and review.

14100723D