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2016 SESSION

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Senate Committee on Courts of Justice

Chairman: Mark D. Obenshain

Clerk: Maribeth Lacy
Staff: J. French, M. Felch, K. Walsh
Date of Meeting: February 10, 2016
Time and Place: Senate Room B 15 Minutes after Adj.

S.B. 9

Patron: Alexander

Civil immunity; forcible entry of motor vehicle to remove unattended companion animal. Provides civil immunity to any person who forcibly enters a motor vehicle to remove an unattended companion animal that is at risk of serious bodily injury or death, provided that the person has attempted to contact a law-enforcement officer, animal control officer, or other emergency services personnel prior to such entry if feasible under the circumstances. The bill also provides immunity for acts or omissions that result in the loss of the animal by death or escape or any injury caused by the animal where such loss or injury would not have occurred but for the animal's unattended occupancy of the vehicle.

A BILL to amend the Code of Virginia by adding a section numbered 3.2-6504.1, relating to civil immunity; companion animals left unattended in motor vehicles.

16100151D

S.B. 144

Patron: Edwards

Deferred disposition; first offense solicitation of prostitution. Allows a court to defer and dismiss a first-offense charge of solicitation of prostitution punishable as a misdemeanor and place an offender on probation under certain terms and conditions.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-346.2, relating to deferred disposition; first offense solicitation of prostitution.

16102276D

S.B. 178

Patron: Garrett

Concealed handgun permits; reciprocity. Requires the General Assembly to determine whether states meet the statutory qualifications for Virginia to recognize the concealed handgun permit of a person from another state. Under current law, this function is performed by the Superintendent of State Police in consultation with the Office of the Attorney General. The bill also requires the Superintendent of State Police to enter into agreements for reciprocal recognition with any state that qualifies.

A BILL to amend and reenact § 18.2-308.014 of the Code of Virginia, relating to concealed handgun permits; reciprocity with other states.

16103420D

S.B. 256

Patron: Surovell

HOT lanes; penalties; statute of limitations. Clarifies that the 12-month statute of limitations applies to all unpaid tolls, penalties, administrative fees, and costs from violations on HOT lanes.

A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to HOT lanes penalties; statute of limitations.

16100122D

S.B. 478

Patron: Obenshain

Eminent domain; reimbursement of costs. Provides that costs and fees may be awarded in condemnation actions where the amount the owner is awarded at trial as compensation for the taking of or damage to his property is 20 percent or more greater than the amount of the condemnor's initial written offer. Under current law, such costs and fees may be awarded if the amount awarded as compensation at trial is 30 percent or more greater than the petitioner's final offer. The bill removes an exception for meeting the requirements for payment of costs and fees for condemnation actions involving easements valued at less than $10,000.

The bill also replaces the word "petitioner" with "condemnor" in the provision of the Code allowing the court to award costs and fees and allows the court to order the condemnor to pay to the owner reasonable fees and travel costs incurred by the owner for up to three experts, or as many as called by the condemnor, whichever is greater, who testified at trial.

A BILL to amend and reenact § 25.1-245 of the Code of Virginia, relating to eminent domain; reimbursement of costs.

16102425D

S.B. 496

Patron: Sturtevant

Judicial Candidate Evaluation Committee; Virginia State Bar. Codifies the procedures used by the State Bar to evaluate and recommend candidates for election by the General Assembly to the appellate courts, the federal courts, and the State Corporation Commission.

A BILL to amend the Code of Virginia by adding in Chapter 39 of Title 54.1 an article numbered 8, consisting of sections numbered 54.1-3945, 54.1-3946, and 54.1-3947, relating to the Judicial Candidate Evaluation Committee; Virginia State Bar.

16100930D

S.B. 509

Patron: Sturtevant

Interpleader; earnest money deposits. Allows the general district court, in an interpleader case involving an earnest money deposit held in escrow by a real estate broker, to escheat the funds to the Commonwealth to be credited to the Virginia Housing Trust Fund upon default of one or more of the stakeholders.

A BILL to amend and reenact § 16.1-77 of the Code of Virginia, relating to interpleader; earnest money deposits.

16102433D

S.B. 510

Patron: Sturtevant

Authenticity and reasonableness of medical bills; presumption; who may identify and provide testimony. Provides that, where a plaintiff's physician, physician's assistant, or nurse practitioner has deemed the plaintiff incapable of providing testimony, the plaintiff's spouse, guardian, agent under an advance directive, agent under a power of attorney, or next friend may identify a medical bill and provide testimony on the bill to establish a rebuttable presumption of authenticity and reasonableness of the bill. Current law requires the plaintiff to identify and provide testimony on the bill.

A BILL to amend and reenact § 8.01-413.01 of the Code of Virginia, relating to authenticity and reasonableness of medical bills; presumption; who may identify and provide testimony.

16103363D

S.B. 543

Patron: Obenshain

Inverse condemnation proceeding; reimbursement of owner's costs. Directs the court to reimburse a plaintiff for the costs of an inverse condemnation proceeding for "damaging" property if a judgment is entered for the plaintiff. Under current law, the court is directed to award costs only for the "taking" of property. The change made in this bill corresponds with the language of amendments to Article 1, Section 11 of the Constitution of Virginia, which became effective on January 1, 2013

A BILL to amend and reenact § 25.1-420 of the Code of Virginia, relating to inverse condemnation proceeding; reimbursement of owner's costs.

16102426D

S.B. 567

Patron: Barker

Temporary detention; notice of recommendation; communication with magistrate. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires the community services board evaluating a person for temporary detention, if the evaluation recommends that the person not be subject to temporary detention, (i) to notify the person's personal representative of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to include in such evaluation any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician; and (iii) to arrange for the petitioner to communicate with the magistrate prior to taking action on the petition for temporary detention. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.

A BILL to amend and reenact §§ 16.1-337, 37.2-804.2, and 37.2-809 of the Code of Virginia, relating to temporary detention; notice of recommendation; communication with magistrate.

16103565D

S.B. 568

Patron: Barker

Involuntary admission; contents of preadmission screening report; notice of hearing. Provides that the community services board that prepares the preadmission screening report admitted into evidence at a person's involuntary admission hearing, if the report recommends that the person is not in need of involuntary treatment, must include in such report any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician. The bill requires further that the judge or special justice conducting the hearing consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires that notice of the hearing be given to the person's personal representative, or if the person has no personal representative and the individual who petitioned for the person's involuntary admission is not a relative of the person, the nearest known relative of the person. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification.

A BILL to amend and reenact §§ 16.1-337, 16.1-340.4, 16.1-345, 16.1-345.2, 37.2-804.2, 37.2-814, 37.2-816, 37.2-817, and 37.2-817.2 of the Code of Virginia, relating to involuntary admission; contents of preadmission screening report; notice of hearing.

16103566D

S.B. 577

Patron: Sturtevant

Immunity of persons; statements concerning matters of public concern; public hearings; defamation; attorney fees; costs. Adds defamation to the causes of action from which a citizen shall be immune when making statements concerning matters of public concern to a third party or at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity. The bill requires that reasonable attorney fees and costs be awarded to any individual who has a suit against him dismissed pursuant to immunity provided to him at a public hearing.

A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons; statements concerning matters of public concern; public hearings; defamation; attorney fees; costs.

16101394D

S.B. 587

Patron: Sturtevant

Attorneys for the Commonwealth; prosecution of compulsory school attendance cases. Relieves attorneys for the Commonwealth from the duty to prosecute all cases arising under the provisions of law in Title 22.1 relating to compulsory school attendance and instead makes prosecution of such cases permissive in nature.

A BILL to amend and reenact § 22.1-268 of the Code of Virginia, relating to attorneys for the Commonwealth; prosecution of compulsory school attendance cases.

16102519D

S.B. 590

Patron: Obenshain

When circuit courts open; Judicial Council. Allows the Judicial Council to determine when the circuit courts are open subject to the current allowances in the Code for holidays and safety concerns.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 7 of Title 17.1 a section numbered 17.1-705.2, relating to when circuit courts open; Judicial Council.

16103023D

S.B. 701

Patron: Marsden

Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide. Authorizes a pharmaceutical processor, after obtaining a permit from the Board of Pharmacy and under the supervision of a licensed pharmacist, to manufacture and provide cannabidiol oil and THC-A oil. The bill requires the Board of Pharmacy to adopt regulations establishing health, safety, and security requirements for permitted processors. The bill also requires (i) that the manufacture of cannabidiol oil and THC-A oil is done in accordance with requirements for compounding drug products; (ii) a practitioner who issues a written certification for cannabidiol and THC-A oil and the patient or his primary caregiver to register with the Board; and (iii) a permitted pharmaceutical processor, prior to providing cannabidiol oil or THC-A oil, to verify that both the patient or the primary caregiver and the practitioner who issues a written certification have registered with the Board. Finally, the bill provides criminal liability protection for pharmaceutical processors.

A BILL to amend and reenact § 54.1-3408.3 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 34 of Title 54.1 an article numbered 4.2, consisting of sections numbered 54.1-3442.5 through 54.1-3442.10, relating to cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide.

16103609D

S.B. 716

Patron: Edwards

Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer.  The bill exempts transfers to family members, personal friends, by inheritance, by operation of law, or for a temporary purpose.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.

16104607D

S.B. 760

Patron: McEachin

Digital impersonation; penalty. Provides that it is a Class 1 misdemeanor for a person to knowingly and without authorization credibly impersonate a living individual through or on a website or by other electronic means with the intent to injure or defraud another person. Injury may include injury to character or reputation.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-152.7:2, relating to digital impersonation; penalty.

16103433D