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2014 SESSION

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Senate Committee on Courts of Justice

Co-Chair: Henry L. Marsh III - Co-Chair: A. Donald McEachin

Clerk: Hobie Lehman
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 5, 2014
Time and Place: 1/2 Hour after adjournment / SR B

S.B. 184 Minors; admission to mental health facility for inpatient treatment.

Patron: McWaters

Admission of minors to mental health facility for inpatient treatment. Removes provisions of the Code requiring the consent of a minor 14 years of age or older prior to admission to a mental health facility for inpatient treatment. The bill allows for admission of a minor of any age upon application and with the consent of a parent. After admission, if a minor 14 years of age or older objects to inpatient treatment, his admission shall be reviewed by a juvenile and domestic relations district court judge, and counsel and a guardian ad litem shall be appointed for the minor.

A BILL to amend and reenact §§ 2.2-3705.5, 16.1-337, 16.1-338, 16.1-339, 16.1-341, 16.1-342, and 16.1-345 of the Code of Virginia, relating to admission of minors to mental health facility for inpatient treatment.

14102065D

S.B. 194 Eminent domain; date of valuation, inverse condemnation proceeding.

Patron: Black

Eminent domain; date of valuation; inverse condemnation proceeding. Provides that the "date of valuation" of property in an eminent domain proceeding may be the date on which an action is taken by the petitioner which substantially affects the use and enjoyment of the property by the owner. The bill also adds the language "or damage" to the provision of the Code directing the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding if a judgment is entered for the plaintiff to correspond with the language of the amendment to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013.

A BILL to amend and reenact §§ 25.1-100 and 25.1-420 of the Code of Virginia, relating to eminent domain; date of valuation; inverse condemnation proceeding.

14102130D

S.B. 345 Trust directors; defenses to liability.

Patron: Edwards

Trust directors; defenses to liability. Clarifies that a trust director is liable for a breach of the trust director's fiduciary duty to the same extent a trustee would be liable for a breach of his fiduciary duty and that a trust director is able to assert defenses to liability on the same basis as a trustee serving under the governing instrument. The bill also provides that a term of a trust relieving a trust director of liability for breach of trust is unenforceable to the extent that it (i) relieves the trust director of liability for a breach of fiduciary duty that was committed in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries or (ii) was inserted as a result of abuse by the trust director.

A BILL to amend and reenact § 64.2-770 of the Code of Virginia, relating to trust directors; defenses to liability.

14101704D

S.B. 346 Wills, trusts, and fiduciaries; increasing various allowances and other threshold amounts.

Patron: Edwards

Increasing various allowances and other amounts related to wills, trusts, and fiduciaries. Increases the amounts of various allowances, threshold amounts, and other dollar-based provisions in Title 64.2 (Wills, Trusts, and Fiduciaries) to account for the effect of inflation. The bill also provides that a commissioner of accounts has the same authority to determine the amounts, recipients, and proportions of any gifts made from the estate of an incapacitated person for whom a conservator has been appointed, provided that the total gifts authorized shall not exceed $25,000 in a calendar year and the commissioner shall report to the circuit court his determination as to such gifts.

A BILL to amend and reenact §§ 64.2-305, 64.2-309, 64.2-310, 64.2-311, 64.2-416, 64.2-424, 64.2-528, 64.2-537, 64.2-602, 64.2-609, 64.2-904, 64.2-1302, 64.2-1311, 64.2-1313, 64.2-1411, 64.2-1802, 64.2-1905, 64.2-1906, 64.2-2017, 64.2-2023, and 64.2-2026 of the Code of Virginia, relating to increasing various allowances and other amounts related to wills, trusts, and fiduciaries.

14101705D

S.B. 467 York River; MRC to grant an easement & rights-of-way across beds including Baylor Survey Grounds.

Patron: Norment

Conveyance of easement. Authorizes the Marine Resources Commission to grant an easement and rights-of-way across beds of the York River, including a portion of the Baylor Survey Grounds No. 5, to Plains Marketing for the expansion of the Yorktown oil facility an area containing 160,908 square feet or 3.694 acres.

A BILL to authorize the Marine Resources Commission to grant easements and rights-of way across and in the beds of the York River, including a portion of the Baylor Survey to Plains Marketing, LP, for expansion of the Yorktown oil facility.

14102003D

S.B. 534 Local departments; consent to treatment and collection of evidence.

Patron: Barker

Local departments; consent to treatment and collection of evidence. Provides that a local director of social services or his designee may consent to (i) surgical or medical treatment of a minor in the custody of the local department of social services in certain situations and (ii) the collection of forensic evidence on behalf of a minor in the custody of the local department in cases in which the minor is believed to be the victim of sexual assault.

A BILL to amend the Code of Virginia by adding in Chapter 9 of Title 63.2 a section numbered 63.2-916, relating to local directors; consent to treatment and collection of evidence.

14102783D

S.B. 621 Felony convictions, certain; court may reduce to misdemeanor pursuant to plea agreement.

Patron: Stanley

Certain felony convictions. Provides that a court may reduce a nonviolent felony conviction to a misdemeanor pursuant to a plea agreement if the terms of the plea agreement are merged into a sentencing order in which the court retains jurisdiction and the court determines that all terms and conditions of the plea agreement are satisfied.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.6, relating to certain felony convictions.

14103808D

S.B. 625 Protective orders; hearing to be held simultaneously with pending criminal action.

Patron: Stanley

Protective orders; hearing to be held simultaneously with pending criminal action. Provides that, whenever practical, a court having jurisdiction over both a petition for a protective order and a pending criminal action in which the defendant is also the respondent to the protective order and the victim of the crime is also the petitioner for the protective order shall hear both actions simultaneously. A preliminary protective order may be extended until the conclusion of the criminal action to allow for a simultaneous hearing. The bill also provides that, upon request of any party or upon its own motion, the court may bifurcate the actions for good cause shown.

A BILL to amend the Code of Virginia by adding a section numbered 16.1-279.2 and by adding in Chapter 9.1 of Title 19.2 a section numbered 19.2-152.12, relating to protective orders; hearing to be held simultaneously with pending criminal action.

14103472D

S.B. 667 Southwestern Virginia Mental Health Institute; DBHDS to onvey certain real property.

Patron: Carrico

Authorizing DBHDS to convey a portion of the real property known as the Southwestern Virginia Mental Health Institute to the Mount Rogers Community Services Board. Corrects the legal description of property authorized by the 2013 General Assembly to be conveyed by the Department of Behavioral Health and Developmental Services to the Mount Rogers Community Services Board for the purpose of providing services for individuals in need of mental health, developmental, and substance abuse services.

A BILL authorizing the Governor to convey certain real property held in the name of the Department of Behavioral Health and Developmental Services as part of the Southwestern Virginia Mental Health Institute located in Marion in Smyth County to the Mount Rogers Community Services Board.

14104178D