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2020 SESSION

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Senate Committee on Judiciary
Subcommittee Civil Law

Petersen (Chair), Lucas, Norment, Obenshain, Chafin, McClellan, Boysko

Clerk: John Garrett, Alec Fischbein
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 3, 2020
Time and Place: 4 PM Subcommittee Room 3 5th Floor Pocahontas Building

S.B. 229

Patron: Petersen

Signature defects on pleadings, motions, and other papers. Clarifies that any pleading, motion, or other paper that is not properly signed is defective and voidable. The bill further provides that failure to timely raise signature defects waives any challenge based on such a defect, and that a signature defect shall be cured within 21 days after it is brought to the attention of the pleader or movant, or the pleading, motion, or other paper that contains the signature defect shall be stricken.

S.B. 261

Patron: Chafin

Accounts filed by fiduciaries and reports filed by guardians; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath and that the punishment for making a false statement or entry in such a filing is a Class 1 misdemeanor.

S.B. 308

Patron: Stanley

Accounts filed by fiduciaries and reports filed by guardians; perjury; penalty. Provides that any account filed by a fiduciary with the commissioner of accounts and annual report filed by a guardian with the local department of social services shall be signed under oath under penalty of perjury, the punishment for which is a Class 5 felony. This bill is a recommendation of the Virginia Criminal Justice Conference.

S.B. 375

Patron: Edwards

Immunity of persons; statements regarding matters of public concern or made at a public hearing; special plea to dismiss; stay of discovery. Provides that a person claiming immunity from certain claims for making statements at a public hearing or regarding matters of public concern may file a special plea to dismiss the underlying claim. The bill further provides that, upon the filing of such a plea, discovery related to such underlying claim shall be stayed pending the entry of an order adjudicating the plea. The bill changes from discretionary to mandatory the award of attorney fees to any person who has a suit dismissed against him due to the immunity.

S.B. 401

Patron: Hashmi

Immunity of persons at public hearing; attorney fees; costs. Allows for the award of reasonable attorney fees and costs to any person who has a subpoena against him quashed in an action for statements made at a public hearing before the governing body of a locality or other local entity when he is immune from liability for such statements. Current law provides for the award of attorney fees and costs upon the dismissal of such an action.

S.B. 529

Patron: Edwards

Admissibility of statements of a deceased or incompetent party; hearsay exception. Provides that statements made by a deceased or incompetent party when such party was competent shall not be excluded as inadmissible hearsay, provided that such statements are relevant and otherwise admissible. Under current law, such statements are admissible provided that they are relevant. This bill is a recommendation of the Boyd-Graves Conference.

S.B. 545

Patron: Edwards

Appeals of right in general district court; order or judgment altering prior final orders or judgments; separate notices of appeal. Provides that there shall be an appeal of right to a court of record from any order entered or judgment rendered in a general district court that alters, amends, overturns, or vacates any prior final order entered or judgment rendered on any issues previously adjudicated on the merits in the prior proceeding. The bill further provides that a party to an action in general district court may file a separate notice of appeal relating to any other final order or judgment entered in an action by filing a notice of appeal within the 10-day appeal of right time period, or within five business days after such notice of appeal is filed, whichever is later.

S.B. 640

Patron: Surovell

Unlawful detainer; expungement. Creates a process by which unlawful detainer actions filed in a general district court that have been dismissed or nonsuited may be expunged upon request of the defendant to such action.

S.B. 641

Patron: Surovell

Civil action; sale of personal data. Requires a person that disseminates, obtains, maintains, or collects personal data about a consumer for a fee to implement security practices to protect the confidentiality of a consumer's personal data, obtain express consent of a parent of a minor before selling the personal data of such minor, provide access to consumers to their own personal data that is held by the entity, refrain from maintaining or selling data that it knows to be inaccurate, and provide a means by which a consumer can opt out of the sale of his personal data. The bill provides that a violation could result in a civil penalty of up to $7,500 or damages to be awarded to a consumer. The bill also provides for the award of attorney fees and costs.

S.B. 872

Patron: Marsden

Appointment of a guardian ad litem; court-ordered custody and visitation arrangements; best interests of a child; appointment in circuit or district court. Provides that the court may appoint a guardian ad litem to represent the best interests of a child in any case in which the custody or visitation of a child is at issue, regardless of whether the case is in a circuit or district court.

S.B. 1043

Patron: Surovell

Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Under current law, such order is permitted only where six or more plaintiffs have filed such actions.