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2021 SPECIAL SESSION I

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Senate Committee on Judiciary
Subcommittee Civil Law

Petersen (Chair), Lucas, Norment, Obenshain, Boysko, Surovell

Clerk: John Garrett, David Hessler
Staff: Kristen Walsh, C. Quagliato
Date of Meeting: February 16, 2021
Time and Place: 8 AM E. Rm Science Museum add HB2319 Register speak @ GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

H.B. 2055

Patron: Scott

Child support obligations; party's incarceration not deemed voluntary unemployment or underemployment. Provides that a party's incarceration for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based.

H.B. 2099

Patron: Coyner

Limitations on enforcement of judgments; judgment liens; settlement agents. Reduces from 20 years to 10 years from the date of a judgment the period of time within which an execution may be issued or action may be taken on such judgment.  The bill provides that the limitation of the enforcement of a judgment may be extended by a recordation of a certificate prior to the expiration period in the clerk's office in which a judgment lien is recorded. The bill provides that such recordation shall extend the limitations period for 10 years from the date of such recordation. Under current law, such limitation period may be extended on motion of the judgment creditor or his assignee. The bill allows a settlement agent or title insurance company to release a judgment lien, in addition to a deed of trust as provided under current law, provided that the obligation secured by such judgment lien has been satisfied by payment made by the settlement agent and whether or not the settlement agent or title insurance company is named as a trustee under such lien or received authority to release such lien. The bill has a delayed effective date of January 1, 2022.

H.B. 2190

Patron: Leftwich

Wrongful death beneficiaries. Provides that an award in a wrongful death action, where there is no surviving spouse of the decedent, children of the decedent, or children of a deceased child of the decedent, shall be distributed to the parents, brothers and sisters of the decedent, and any other family member who is primarily dependent on the decedent and the same member of the decedent's household.

H.B. 2193

Patron: Leftwich

Settlement agreements; stay of dismissal. Provides that, in any case in which a plaintiff or counterclaim plaintiff is seeking a civil judgment against a defendant or counterclaim defendant, if the parties enter into a written settlement agreement, upon request of the parties, a dismissal of such case shall be stayed to allow for full compliance with such settlement agreement. The bill requires the plaintiff or counterclaim plaintiff to file a notice of dismissal with the court once the defendant or counterclaim defendant has complied with the terms of such settlement agreement, which shall be treated as a dismissal with prejudice. The bill allows the plaintiff or counterclaim plaintiff to file a motion to enforce the terms of such settlement agreement if a defendant or counterclaim defendant is in default of any term of such agreement.

H.B. 2319

Patron: Guzman

Access to firearms; cohabitants; civil penalty. Makes it unlawful for an individual residing or cohabitating with any person who such individual knows or has reason to believe is prohibited from possessing or transporting a firearm to allow such person access to any firearm. The bill requires such individual to store such firearm in a manner that is inaccessible to such co-resident. If an individual violates any provision of the bill and the co-resident uses such firearm during the commission of a crime, such individual will be subject to a civil penalty of not more than $500, except for any crime committed against such individual. The bill further provides that an individual who lawfully possesses a firearm is not in violation of the provisions of the bill if he carries the firearm on or about his person or exercises control of the firearm.