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2020 SPECIAL SESSION I

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Senate Committee on Judiciary

Chair: John S. Edwards

Staff: Kristen Walsh, C. Quagliato
Date of Meeting: August 26, 2020
Time and Place: Time Change: Adjournment of the Education and Health Committee
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 5016

Patron: Edwards

Application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995. Repeals the abolition of parole. The bill also provides that the Virginia Parole Board shall establish procedures for consideration of parole for persons who were previously ineligible for parole, because parole was abolished, to allow for an extension of time for reasonable cause.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to the application of parole statutes for juveniles and persons committed upon felony offenses committed on or after January 1, 1995.

20200044D

S.B. 5023

Patron: Norment

Declaration of disaster; health care providers; immunity. Provides that, in cases in which a disaster caused by a communicable disease of public health threat has been declared and in the absence of gross negligence, a health care provider who withholds the provision of certain health care procedures in accordance with the provisions of an Order of Public Health Emergency shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider's voluntary or mandatory response to the relevant disaster. The bill also clarifies when a health care provider who responds to such disaster will not be liable for any injury to or wrongful death of any person arising from the delivery or withholding of health care due to an emergency and subsequent conditions that caused a lack of resources rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency. The bill also clarifies that a "communicable disease of public health threat" includes a pathogen or illness declared a global pandemic by the World Health Organization.

A BILL to amend and reenact §§ 8.01-225.01, 8.01-225.02, and 44-146.16 of the Code of Virginia, relating to disasters; health care providers; immunity.

20200559D

S.B. 5065

Patron: Morrissey

Civil action for deprivation of rights by a law-enforcement officer. Creates a civil action for the deprivation of a person's rights by a law-enforcement officer. The bill provides that a plaintiff may be awarded compensatory damages, punitive damages, and equitable relief, as well as reasonable attorney fees and costs. Finally, the bill provides that sovereign immunity or any other immunities or limitations on liability or damages shall not apply to such actions and that qualified immunity is not a defense to liability for such deprivation of rights.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.6, relating to civil action for deprivation of rights by a law-enforcement officer.

20200158D

S.B. 5067

Patron: Saslaw

Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus; emergency. Provides immunity to a person, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19. The bill requires every person to provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. The bill contains an emergency clause and specifies that the provisions apply to claims arising no later than 180 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.

A BILL to provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus; emergency.

20200640D

EMERGENCY

S.B. 5072

Patron: DeSteph

Emergency Services and Disaster Law; immunity from liability; sheriffs' offices and regional jails. Clarifies that sheriffs' offices and regional jails are considered public agencies for purposes of immunity from liability for the death of, or any injury to, persons or damage to property resulting from emergency services activities provided while complying with or attempting to comply with the Emergency Services and Disaster Law or any rule, regulation, or executive order promulgated pursuant to the provisions of the Emergency Services and Disaster Law.

A BILL to amend and reenact § 44-146.23 of the Code of Virginia, relating to Emergency Services and Disaster Law; immunity from liability; sheriffs' offices and regional jails.

20200279D

S.B. 5079

Patron: Stanley

Civil action for law-enforcement free zones and standing down during a riot or unlawful assembly. Provides a civil cause of action for any person who suffers a bodily injury or who has property damaged or destroyed in a law-enforcement free zone, defined in the bill.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-42.6, relating to civil action for law-enforcement free zones and standing down during a riot or unlawful assembly.

20200423D

S.B. 5082

Patron: Marsden

Certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency. Provides that a licensed hospice, home care organization, private provider, assisted living facility, or adult day care center that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider, assisted living facility, or adult day care center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-225.03, relating to certain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency.

20200757D

S.B. 5098

Patron: Vogel

Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by such bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.

A BILL to provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus and use of personal protective equipment; emergency.

20200799D

EMERGENCY

S.B. 5099

Patron: Vogel

Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by the bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.

A BILL to provide immunity from civil claims related to the transmission of or exposure to the COVID-19 virus and use of personal protective equipment; emergency.

20200688D

EMERGENCY

S.B. 5108

Patron: Chafin

Local control of firearms; concealed handgun permit. Provides that any local ordinances that prohibit the possession, carrying, or transportation of any firearms, ammunition, or components or combination shall not apply to a person who has a valid concealed handgun permit.

A BILL to amend and reenact § 15.2-915 of the Code of Virginia, relating to local control of firearms; concealed handgun permit.

20200849D