2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

CIVIL REMEDIES AND PROCEDURE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Application of foreign law; court decisions and contracts will be void as violation of public policy of State. Adding §§ 8.01-465.26 through 8.01-465.30. (Patron-Morris, HB 631 (CD))

Application of foreign law; court decisions will be void as violation of public policy of State. Adding § 8.01-465.26. (Patron-Marshall, R.G., HB 825 (CD))

Automated external defibrillators; immunity for owner who maintains an AED located on real property. Amending § 8.01-225. (Patron-Sickles, HB 1988 (Chapter 300))

Bullying; defines term and requires school boards to prohibit acts by students and school employees. Amending §§ 8.01-220.1:2, 22.1-208.01, 22.1-276.01, and 22.1-279.6; adding § 22.1-291.4. (Patron-Favola, SB 951 (F))

Bullying; defines term, school boards shall include in its code of student conduct, policies and procedures that include prohibition against for need to create a bully-free environment. Amending §§ 8.01-220.1:2, 22.1-208.01, 22.1-276.01, and 22.1-279.6; adding § 22.1-291.4. (Patron-McClellan, HB 1871 (Chapter 575))

Child care providers; background checks for eligibility for child care subsidy payments. Amending §§ 19.2-389 and 63.2-1725. (Patron-Greason, HB 1640 (Chapter 261))

Child sexual abuse cases; admission of prior sex offenses into evidence, definition of sexual abuse. Adding § 18.2-67.7:1. (Patron-Bell, Robert B., HB 1766 (F))

Child sexual abuse cases; prior sex offenses against children admissible in evidence. Adding § 18.2-67.7:1. (Patron-Yost, HB 1623 (I) See HB1766; Herring, SB 1114 (F))

Child support; confidentiality of guidelines worksheets in mediated agreements. Amending §§ 8.01-576.10 and 8.01-581.22. (Patron-Toscano, HB 1795 (Chapter 283); Obenshain, SB 1028 (Chapter 383))

Childhood sexual abuse; clarifies discovery rule used to determine when cause of action accrues applies. Amending § 8.01-249. (Patron-LeMunyon, HB 1892 (Chapter 292))

Circuit court clerks; revises various powers and duties for certification of records, assessment of fees, etc. Amending §§ 8.01-389, 8.01-446, 17.1-275, 17.1-275.5, 17.1-295, 46.2-383, 55-137.1, and 63.2-1245; repealing § 17.1-247. (Patron-Gilbert, HB 1658 (Chapter 263))

Civil cases; conduct of business activity, permissible venue. Amending § 8.01-262. (Patron-Gilbert, HB 1618 (Chapter 71); Norment, SB 1337 (Chapter 103))

Civil immunity for certain persons; those reporting or investigating an individual who poses credible danger of injury or death to any student, school personnel, or others on school property. Amending § 8.01-47. (Patron-Martin, SB 1376 (Chapter 665))

Civil remedies; use of depositions. Amending § 8.01-420. (Patron-Head, HB 1138 (CD))

Computer Crimes Act; civil action for violation of Act, limitations period. Amending § 8.01-40.1. (Patron-Rush, HB 1487 (F))

Concealed handgun permittees; criminal history record information check for transfer of certain firearms, exemption. Amending § 18.2-308.2:2. (Patron-Merricks, HB 592 (CD))

Concealed handgun permittees; exemption from criminal history record information check for transfers of firearms in State for persons holding valid Virginia-issued permit. Amending § 18.2-308.2:2. (Patron-Gilbert, HB 859 (CD))

Contempt appeal; allows circuit court judge to sit without a jury to hear from judgment of district court. Amending § 18.2-459. (Patron-Stanley, SB 870 (Chapter 615))

Criminal conviction; appeals to Court of Appeals or Supreme Court based on erroneously admitted evidence. Adding § 19.2-324.1. (Patron-Miller, HB 2338 (Chapter 675))

Criminal history background checks and barrier crimes; joint subcommittee to study related laws. (Patron-Edwards, SJR 311 (F))

Criminal history background record checks; clarifies list of barrier crimes for individuals seeking employment or seeking to provide contract services at nursing homes, home care organizations, etc. Amending §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-162.9:1, 63.2-1702, 63.2-1704, 63.2-1717, 63.2-1720, 63.2-1721, and 63.2-1722 through 63.2-1726; adding §§ 32.1-162.15:1, 37.2-441, 37.2-442, 37.2-443, 63.2-1720.1, and 63.2-1721.1 through 63.2-1721.4; repealing §§ 32.1-126.01, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 37.2-607, 63.2-901.1, 63.2-1601.1, and 63.2-1719. (Patron-Edwards, SB 868 (F))

Criminal history information; prohibits sale of information concerning person’s conviction of criminal offense when arrest and charge history for that offense has been expunged. Amending § 59.1-200. (Patron-Surovell, HB 679 (CD))

Criminal history record information; State Board of Health to require checks on emergency medical services providers. Amending §§ 19.2-389 and 32.1-111.5. (Patron-Pogge, HB 1383 (Chapter 176); Carrico, SB 1288 (Chapter 407))

Criminal history record information; unauthorized sale, publication, etc. Adding § 8.01-40.3. (Patron-Surovell, HB 1914 (F))

Criminal history record information check; Department of State Police required to provide an expedited process when resident of State presents valid-issued Virginia concealed handgun permit. Amending § 18.2-308.2:2. (Patron-Lingamfelter, HB 2342 (F))

Criminal history record information check; elimination of fees. Amending § 18.2-308.2:2. (Patron-Ramadan, HB 1012 (CD))

Criminal history record information check; making false statements, penalty. Amending § 18.2-308.2:2. (Patron-McDougle, SB 435 (CD))

Criminal history record information check; required forms provided by State Police to include name, birth date, gender, etc., upon sale of a firearm. Amending § 18.2-308.2:2. (Patron-Ruff, SB 429 (CD))

Criminal history record information check; requirement applies to employees, volunteers, and contract service providers of Department of Juvenile Justice who provide services to children’s residential facilities and local secure detention facilities. Amending § 63.2-1726. (Patron-Watson, HB 1439 (Chapter 181); Locke, SB 992 (Chapter 96))

Criminal history record information check; transfer of rifles and shotguns. Amending §§ 16.1-253.5, 16.1-305, and 18.2-308.2:2. (Patron-Black, SB 612 (CD))

Criminal history record information checks and protective order registry; information shall be made available to Attorney General of United States for purposes of National Instant Criminal Background check to determine person’s eligibility to possess or purchase firearm. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, HB 2240 (F))

Criminal history record information checks and protective order registry; information shall be made available to Attorney General of United States for purposes of using National Instant Criminal Background Check System to determine person’s eligibility to possess, purchase, or receive a firearm. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Edwards, SB 1299 (F))

Criminal history record information checks upon handgun purchases; maintenance and dissemination of registry information. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, HB 237 (CD))

Criminal Injuries Compensation Fund; written notice, liability for reasonable charges for services, restitution, disposition of funds. Amending §§ 8.01-66.5, 8.01-66.6, 19.2-305.1, and 19.2-368.15. (Patron-Stolle, HB 1705 (Chapter 273))

Criminal judgment; appeal based on erroneously admitted evidence. Adding § 8.01-680.1. (Patron-Garrett, SB 1297 (F); Obenshain, SB 1348 (I) See SB1297)

Dangerous and vicious dogs; when an owner or custodian of an animal is charged with violation, animal control officer shall confine dog until evidence heard or verdict rendered. Amending §§ 3.2-6540 and 3.2-6570; adding § 3.2-6540.1. (Patron-Orrock, HB 1562 (Chapter 732); Blevins, SB 828 (Chapter 58))

Deadman’s Statute; corroboration of testimony by business records, authentication of records. Amending § 8.01-397. (Patron-Albo, HB 1477 (Chapter 61); Norment, SB 1122 (Chapter 637))

Discovery rule; statute of limitations. Amending § 8.01-249. (Patron-Loupassi, HB 1551 (F); McEachin, SB 1139 (F))

Driving under influence of alcohol; defendant’s blood or breath tested, exemplary damages. Amending § 8.01-44.5. (Patron-Surovell, HB 1909 (F); McDougle, SB 1169 (F))

Driving under influence of alcohol; presumption that blood alcohol concentration at time of incident is at least as high as test result as shown in certificate issued or certificate of analysis for blood test administered, test admissible as evidence, exemplary damages. Amending § 8.01-44.5. (Patron-McDougle, SB 1112 (Chapter 636))

Eminent domain; current assessed value of real property, unless real estate tax assessment no longer represents fair valuation of property, evidence of tax assessments not admissible as proof of value in a proceeding. Amending §§ 25.1-204, 25.1-305, 25.1-417, 33.1-89, and 33.1-120. (Patron-Ramadan, HB 2306 (Chapter 764))

Expert witnesses; literature designations. Amending § 8.01-401.1. (Patron-Obenshain, SB 983 (Chapter 379))

Failed electronic payments; civil action, unlawful detainer remedies. Amending §§ 8.01-27.1, 8.01-27.2, 8.01-126, and 8.01-471. (Patron-Habeeb, HB 1509 (Chapter 63))

Firearm shows; Department of State Police shall be available to perform background checks for non-dealer sales. Adding § 54.1-4201.2. (Patron-Edwards, SB 1372 (F))

Firearms; criminal history information check required to sell, transfer, etc., determination also has been received by Department of State Police. Adding § 18.2-308.2:4. (Patron-Ebbin, SB 1232 (I) See SB1136)

Firearms; criminal history record information check required for any purchase, transfer without verification, Class 6 felony. Adding § 18.2-308.2:4. (Patron-Deeds, SB 1281 (F))

Firearms; criminal history records check required for transfer, penalties. Amending §§ 54.1-4200 and 54.1-4201.1; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-Howell, SB 911 (I) See SB1001; Marsh, SB 1001 (F))

Firearms; requires background check for any purchase and requires Department of State Police to establish process for sellers to obtain such check from licensed firearm dealers. Adding § 18.2-308.2:4. (Patron-Hope, HB 2025 (F))

Firearms; use in commission of crime, civil liability. Adding § 8.01-44.8. (Patron-Marsden, SB 785 (F))

Fraud; court may vacate judgment of criminal conviction. Adding § 19.2-10.3. (Patron-Ward, HB 1492 (F); Alexander, SB 836 (I) See SB840)

Fraud; court may vacate judgment of criminal conviction or adjudication of person. Adding § 19.2-10.3. (Patron-Locke, SB 840 (F))

General district court or juvenile and domestic relations district court; an appeal of judgment in civil case to circuit court, papers shall be transmitted to an appellate court in case of an appeal of protective order or an appeal of civil offense. Amending §§ 16.1-69.55, 16.1-94.1, 16.1-112, and 16.1-296.2. (Patron-Iaquinto, HB 1483 (F))

Health care providers; submitting health insurance claims. Adding § 8.01-27.5. (Patron-McEachin, SB 707 (Chapter 700))

Health care records; increases maximum copying fee that a health care provider may charge. Amending § 8.01-413. (Patron-Habeeb, HB 1352 (F))

Hospitals and physicians; processing health insurance claims. Adding §§ 8.01-27.5, 32.1-137.02, and 54.1-2910.02. (Patron-McEachin, SB 650 (CD))

Human trafficking hotline; posted notices required in truck stops, civil penalties assessed by Department of Labor and Industry, an employer is not required to use a notice produced by Department. Amending § 40.1-11.3. (Patron-Bulova, HB 2061 (Chapter 304))

Infants; cause of action for expenses for injury, statute of limitations. Amending §§ 8.01-36 and 8.01-243. (Patron-Albo, HB 1433 (Chapter 551); Stanley, SB 1164 (Chapter 689))

Involuntary intoxication offense; notice by defendant to State of intention to present evidence. Adding §§ 19.2-266.3 and 19.2-266.4. (Patron-Lewis, HB 1517 (F))

Medical malpractice; amends discovery rule, which triggers running of statute of limitations in cases involving diagnosis of malignant tumor or cancer. Amending § 8.01-243. (Patron-McClellan, HB 1874 (F))

Medical malpractice; expert witness certification, court may conduct an in camera review. Amending §§ 8.01-20.1, 8.01-50.1, and 16.1-83.1. (Patron-Iaquinto, HB 1545 (Chapter 65); Alexander, SB 699 (Chapter 610); Northam, SB 1255 (I) See SB699)

Medical records or reports; method for introducing into evidence in general district court and appeals to circuit court. Amending § 16.1-88.2. (Patron-Joannou, HB 1815 (Chapter 78))

Medical reports or records; method for introducing into evidence in general district court in civil action. Amending § 16.1-88.2. (Patron-Obenshain, SB 982 (Chapter 145))

Medications; administration by employees or contract service providers of providers licensed by Department of Behavioral Health and Developmental Services. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 1444 (Chapter 183))

Motor vehicle accident; satisfaction of judgments for damages, suspensions requested by creditor. Amending §§ 46.2-417 and 46.2-427. (Patron-Johnson, HB 2272 (Chapter 598))

Naloxone; administering person not liable for civil damages if participant in pilot program conducted by Department of Behavioral Health and Developmental Services on administration for purposes of counteracting effects of opiate overdose, report. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 1672 (Chapter 267))

Nonsuits; court may award certain fees and costs, when taken within 14 days prior to trial or during trial. Amending § 8.01-380. (Patron-Albo, HB 1773 (F))

Nonsuits; dismissal of action, fees and costs. Amending § 8.01-380. (Patron-Minchew, HB 1570 (I) See HB1709; Habeeb, HB 1709 (Chapter 274); Reeves, SB 903 (Chapter 366))

Physician, licensed, physician’s assistant, nurse practitioner, or registered nurse; may perform procedure for physical evidence recovery kit examination. Adding § 54.1-2970.1. (Patron-Herring, HB 2120 (Chapter 441); Barker, SB 1006 (Chapter 532))

Public schools; possession and administration of epinephrine by employees of local governing bodies and employees of local health departments. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. Emergency. (Patron-Greason, HB 1468 (Chapter 336); Howell, SB 893 (Chapter 617))

Public schools; possession and administration of epinephrine by local health department employee. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. (Patron-Kory, HB 1321 (F))

Punitive damages; increases cap to reflect effect of inflation. Amending § 8.01-38.1. (Patron-Loupassi, HB 1552 (F))

Self-defense and defense of others; encodes version of “castle doctrine,” allowing use of physical force, including deadly force, by person in his dwelling against an intruder, etc. Adding § 8.01-223.3. (Patron-Crockett-Stark, HB 1415 (F))

Service of process; corporation’s registered agent to be served by posting copy on front door or main entrance of corporation’s registered office. Amending § 8.01-299. (Patron-Petersen, SB 895 (F))

Service of process; in order to be timely, must be made within 90 days from commencement of action. Amending §§ 8.01-275.1 and 8.01-277. (Patron-Wright, HB 1754 (F))

Service of process; in order to be timely, must be made within six months from commencement of action. Amending §§ 8.01-275.1 and 8.01-277. (Patron-Kilgore, HB 1676 (F); Stuart, SB 1278 (F))

Service of process; makes several changes to how process is made on nonresidents and foreign corporations. Amending §§ 8.01-301, 8.01-310, 8.01-312, and 8.01-329. (Patron-Loupassi, HB 1546 (Chapter 113))

Student teachers and student teacher supervisors; fingerprinting, criminal history records check, and child abuse and neglect data. Amending § 19.2-389; adding §§ 22.1-290.2 through 22.1-290.5. (Patron-Yost, HB 1537 (F))

Students; care of those who have been diagnosed with diabetes. Amending §§ 8.01-225, 22.1-274, and 54.1-3408; adding § 22.1-274.01:1. (Patron-Cole, HB 1377 (F))

Summary judgment; use of depositions, answers to interrogatories, etc. Amending § 8.01-420. (Patron-Head, HB 1374 (I) See HB1708)

Summary judgment; use of depositions as basis for motion or to strike evidence. Amending § 8.01-420. (Patron-Habeeb, HB 1708 (Chapter 76))

Trespasser; possessor of real property not liable for injury, exception. Adding § 8.01-219.1. (Patron-Cline, HB 2004 (Chapter 217))

Vacant building registration; increases maximum annual fee that local ordinance may impose on owner from $25 to $100, increases civil penalty for failing to register. Amending § 15.2-1127. (Patron-Dance, HB 1583 (Chapter 253))

Virginia Vulnerable Adult Protection Act; created. Adding §§ 8.01-227.24 and 8.01-227.25. (Patron-Toscano, HB 1728 (F))

Wrongful death and personal injury actions; future wages presumption. Adding § 8.01-419.2. (Patron-Albo, HB 1434 (F); Stanley, SB 1163 (F))