2014 SESSION

Convened January 8, 2014
Adjourned sine die March 8, 2014
Reconvened April 23, 2014
Adjourned sine die April 23, 2014

CIVIL REMEDIES AND PROCEDURE

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

(C) Carried over to 2015 Session

Accreditation of Healthcare Organizations, Joint Commission on; replaces outdated references to Commission with references to national accrediting organizations. Amending §§ 8.01-225.01, 8.01-581.16, 8.01-581.17, 23-77.3, 32.1-111.3, 32.1-125.1, and 32.1-127. (Patron-Stolle, HB 391 (Chapter 320))

Appeals to Supreme Court of Virginia and Court of Appeals of Virginia; filing of an electronic appendix by CD-ROM. Adding §§ 8.01-673.1 and 8.01-675.5. (Patron-Albo, HB 162 (C))

Audio-visual deposition; prohibits an attorney authorized to practice before a court in the Commonwealth from posting or releasing to Internet any portion of deposition without written permission of individual being deposed. Amending § 8.01-412.2. (Patron-Miller, HB 615 (F))

Business records; admissibility as evidence in any civil proceeding. Amending § 8.01-391; adding § 8.01-390.3. (Patron-Loupassi, HB 301 (Chapter 398))

Cancer; failure to report diagnosis, personal action for injury to person, malpractice against health care provider, failure to report. Amending § 8.01-243. (Patron-McClellan, HB 718 (F); Vogel, SB 395 (C))

Child care providers; Department of Social Services to convene work group to develop plan for implementation of national fingerprint-based background checks, report. (Patron-Anderson, HB 412 (Chapter 128); Hanger, SB 639 (Chapter 379))

Child sex-crime cases; admission of prior sexual offenses into evidence. Adding § 18.2-67.7:1. (Patron-Bell, Robert B., HB 403 (Chapter 782))

Cigarettes; sealed labeled pack shall be prima facie evidence. Adding § 58.1-1017.2. (Patron-Reeves, SB 352 (Chapter 301))

Civil action; rescission of deed, contract, or other instrument, court may award to plaintiff reasonable attorney fees, etc. Adding § 8.01-221.2. (Patron-Toscano, HB 312 (Chapter 164))

Court files; protection of confidential information, cause of action against party or lawyer. Adding § 8.01-420.8. (Patron-Cline, HB 952 (Chapter 427))

Criminal background checks; employment prior to receipt of results. Amending §§ 32.1-126.01, 32.1-162.9:1, 63.2-1720, 63.2-1721, and 63.2-1724. (Patron-Bell, Robert B., HB 450 (Chapter 129))

Criminal history record checks; sets out list of barrier crimes. Amending §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 63.2-901.1, 63.2-1601.1, 63.2-1704, 63.2-1717, and 63.2-1720 through 63.2-1726; adding § 63.2-1719.1; repealing § 63.2-1719. (Patron-Edwards, SB 353 (F))

Criminal history record information; unauthorized dissemination, etc., civil action. Adding § 8.01-40.3. (Patron-Loupassi, HB 1073 (C))

Discovery rule; statute of limitations. Amending § 8.01-249. (Patron-Habeeb, HB 85 (F))

District courts and circuit courts; no civil matter shall be dismissed with prejudice by any court for failure to comply with any rule. Amending § 8.01-4. (Patron-Joannou, HB 1038 (Chapter 348))

Divorce; oral testimony and evidence by affidavit in suit, if either party is incarcerated, neither party shall submit evidence by affidavit, etc. Amending § 20-106. (Patron-Kilgore, HB 1019 (Chapter 288))

Divorce proceedings; evidence by affidavit, residency requirement. Amending § 20-106. (Patron-Edwards, SB 94 (Chapter 521))

Domestic corporations; service of process. Amending § 8.01-299. (Patron-Petersen, SB 232 (F))

Electronic communications; right to privacy, civil action. Adding § 8.01-40.3. (Patron-Marshall, R.G., HB 325 (F))

Electronic summons system; counties and cities may assess a fee as part of costs in each criminal or traffic case in district or circuit court to be used for implementation and maintenance of system. Amending § 17.1-275.5; adding § 17.1-279.1. (Patron-Villanueva, HB 477 (Chapter 325))

Emergency care; school board or local health department employees that render certain care shall not be liable for civil damages for ordinary negligence in acts or omissions on part of such employee. Amending § 8.01-225. (Patron-Newman, SB 624 (Chapter 468))

Epinephrine; any employee of a licensed restaurant authorized to possess and administer provided such employee is authorized by prescriber and trained. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 352 (F))

Epinephrine; any employee of a licensed restaurant, summer camp, or campground authorized to possess and administer provided such employee is authorized by prescriber and trained. Amending §§ 8.01-225 and 54.1-3408. (Patron-Hanger, SB 635 (C))

Evidence and incidents of trial; recording misdemeanor cases electronically in circuit court. Adding § 17.1-128.1. (Patron-Gilbert, HB 704 (Chapter 78))

Federal firearms laws; agencies and political subdivisions of the Commonwealth shall knowingly aid any employee or entity of federal government in enforcement of laws. (Patron-Marshall, R.G., HB 43 (F))

Firearm transfers; criminal history record information checks, penalty. Adding § 18.2-308.2:4. (Patron-Deeds, SB 287 (F))

Firearms; criminal background check for transfer, exemption for holders of concealed handgun permits. Amending § 18.2-308.2:2. (Patron-Wilt, HB 1118 (C); Vogel, SB 396 (C))

Firearms; criminal history record information check on transferee, penalties. Amending §§ 54.1-4200 and 54.1-4201.1; adding §§ 18.2-308.2:4 and 54.1-4201.2. (Patron-Plum, HB 535 (F); Marsden, SB 39 (C))

Firearms; criminal history record information checks for sales, penalty. Adding § 18.2-308.2:4. (Patron-Lopez, HB 812 (F))

Firearms; criminal history record information checks for transfers, maintenance and dissemination of protective order registry information. Amending §§ 18.2-308.2:2, 19.2-387.1, 19.2-389, and 19.2-389.1. (Patron-Cosgrove, SB 610 (F))

Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens, discrimination and retaliatory actions against whistle blowers prohibited, good faith required. Amending §§ 2.2-3009, 2.2-3010, 2.2-3011, 2.2-3012, 2.2-3014, and 8.01-216.8; adding § 2.2-3010.1. (Patron-LeMunyon, HB 439 (Chapter 403))

Fraud and Abuse Whistle Blower Protection Act; discriminatory and retaliatory action against whistle blower, whistle blower may bring civil action in circuit court of jurisdiction where is employed, remedies. Amending § 2.2-3011. (Patron-Lingamfelter, HB 728 (Chapter 335))

General district court; medical reports as evidence in civil action for personal injuries, etc. Amending § 16.1-88.2. (Patron-Joannou, HB 1037 (Chapter 85))

General receivers; reimbursement of expenses incurred for direct out-of-pocket expenses when carrying out order of court. Amending § 8.01-589. (Patron-Chafin, HB 360 (Chapter 65))

Health care policy, group health benefit plan, and health plan; updates references to federal programs in definitions. Amending §§ 8.01-27.5, 38.2-2201, 38.2-3407.12, and 38.2-3407.15. (Patron-Ware, HB 765 (Chapter 417); McWaters, SB 360 (Chapter 157))

Health care providers; civil immunity for members of or consultants to certain boards or committees. Amending § 8.01-581.16. (Patron-Minchew, HB 130 (Chapter 17); McDougle, SB 253 (Chapter 363))

Health care providers; upon request, provide patient with metadata of patient’s electronic medical record. Amending § 8.01-413. (Patron-Albo, HB 490 (F))

Health care providers, volunteer; Department of Health shall certify certain persons, immunity from liability, applicant has provided at least four hours of qualifying services at free clinic, etc. Amending § 2.2-507; adding §§ 8.01-225.03 and 32.1-370. (Patron-Marshall, R.G., HB 39 (F))

Health care providers, volunteer; Department of Health shall certify certain persons, immunity from liability, applicant has provided for 11 months of year at least four hours of qualifying services at free clinic, etc. Amending § 2.2-507; adding §§ 8.01-225.03 and 32.1-370. (Patron-Marshall, R.G., HB 1264 (F))

Injunctions; aggrieved party shall serve a copy of petition for review, response may be filed within seven days. Amending § 8.01-626. (Patron-Petersen, SB 229 (Chapter 526))

Injunctions; expedited review of final and interlocutory orders, opposition to petition for review. Amending § 8.01-626. (Patron-Loupassi, HB 302 (F))

Judgment; payment required to be noted by creditor, penalty. Amending § 8.01-454. (Patron-Chafin, HB 393 (Chapter 274))

Judgment; rate of interest, cap. Amending § 6.2-302. (Patron-Puckett, SB 197 (F))

Judgment on affidavit in action upon contract or note; in event of defect in affidavit, plaintiff shall be entitled to continuance. Amending § 8.01-28. (Patron-Petersen, SB 230 (Chapter 688))

Judgment proceeding; whenever judgment confessed is set aside or modified pursuant to motion by debtor, subsequent case placed on court’s docket shall be considered continuation of original confession. Amending § 8.01-433. (Patron-Surovell, HB 249 (F))

Jurors; persons liable to serve, military personnel of United States Marine Corps and Coast Guard are not considered residents of the Commonwealth. Amending § 8.01-337. (Patron-Surovell, HB 938 (F); Leftwich, HB 1157 (Chapter 595))

Jury commissioners; allows chief judge of each circuit court to designate circuit court personnel to select and determine jurors to be placed on master jury list. Amending §§ 8.01-339, 8.01-342 through 8.01-345, 19.2-263.3, and 25.1-229. (Patron-Knight, HB 188 (F))

Medical malpractice proceedings; prohibits claimants from relying solely upon insurer or federal practice guidelines or reimbursement criteria to establish or define standard of care without expert testimony. Amending § 8.01-581.20. (Patron-Hope, HB 78 (F))

Metropolitan Washington Airports Authority; background checks of applicants, conditional offer of employment with Authority. Adding § 19.2-389.2. (Patron-Albo, HB 164 (Chapter 57))

Money order sellers and money transmitters; definitions, criminal background checks, regulations. Amending §§ 6.2-1900, 6.2-1903, 6.2-1904, 6.2-1905, 6.2-1906, 6.2-1907, 6.2-1910, 6.2-1914, 6.2-1916, 6.2-1917, 6.2-1919, and 19.2-389; adding §§ 6.2-1904.1 and 6.2-1906.1. (Patron-Puckett, SB 335 (Chapter 454))

911 emergency service calls; recordings and records shall be deemed authentic transcriptions or recordings of original statements, if they are accompanied by a certificate containing certain information. Amending § 8.01-390. (Patron-Surovell, HB 1248 (Chapter 353))

Physical evidence recovery kits; all local and state law-enforcement agencies shall report an inventory of all kits in their custody that were collected but not submitted to Department of Forensic Science, provisions shall not become effective unless included in general appropriation act, report. (Patron-Black, SB 658 (Chapter 642))

Physician assistant; may testify as an expert witness in a court of law within scope of their activities as authorized under Virginia law, but may not testify against a defendant doctor, etc. Amending § 8.01-401.2. (Patron-Minchew, HB 191 (Chapter 391); Stuart, SB 185 (Chapter 361))

Physician assistants; updates terminology related to practice agreements and adds assistants to definition of health care provider for purposes of medical malpractice. Amending §§ 8.01-581.1 and 54.1-2952. (Patron-O’Bannon, HB 1134 (Chapter 89))

Prejudgment interest on awards; insurer denial of coverage or liability. Amending § 8.01-382; adding § 38.2-209.1. (Patron-Petersen, SB 233 (F))

Recordation and marginal release; clerk of circuit court not required to make recordings in margins of pages in record books to accommodate use of electronic filing databases, entry of assignment of judgment on judgment lien docket. Amending §§ 6.2-417, 8.01-269, 8.01-431, 8.01-434, 8.01-452, 8.01-455, 17.1-238, 17.1-250, 38.2-2419, 43-65, 43-68, 55-66.4:1, 55-157, 55-245, 58.1-3301, 58.1-3310, 58.1-3360, and 64.2-2703. (Patron-Robinson, HB 607 (Chapter 330))

Risk Management, Division of, or transportation district; acknowledgment of claims within 30 days and resolve claims within 60 days. Amending § 8.01-195.6; adding § 33.1-223.2:30. (Patron-McWaters, SB 409 (F))

Service of process; natural persons may be served provided there has been an attempt at personal service and that a party’s social security number has been redacted from any writing, process, or attached pleading by person serving. Amending § 8.01-296. (Patron-Cole, HB 1122 (C))

Sex Offender and Crimes Against Minors Registry; grants circuit courts discretion to accept name change applications from persons on Registry, if court finds that good cause exists for such application, order voiding application, if person files objection, court shall hold a hearing. Amending § 8.01-217. (Patron-Bell, Robert B., HB 233 (Chapter 232))

Social services, local director of; may consent to treatment of minor in custody and collection of forensic evidence on behalf of minor if believed to be victim of sexual assault. Adding § 63.2-916. (Patron-Barker, SB 534 (F))

Statute of limitations; action for injury to property brought by the Commonwealth against a tort-feasor for expenses arising out of negligent operation of motor vehicle shall be brought within five years after cause of action accrues. Amending § 8.01-243. (Patron-Cline, HB 969 (Chapter 586))

Statutes of limitation; accrual of right of action. Amending § 8.01-230. (Patron-Fariss, HB 398 (F))

Student teachers; fingerprinting, criminal history records check, and child abuse and neglect data. Adding §§ 22.1-290.2 and 22.1-290.3. (Patron-Yost, HB 1205 (F))

Summons; summons served upon defendant requests judgment for all amounts due as of date of hearing, unlawful detainer issued by magistrate or clerk or judge of general district court, amendment of amount due. Amending § 8.01-126. (Patron-Miller, HB 596 (Chapter 168))

Trafficking in persons; creates new felonies for forced labor or sexual servitude and adds new felonies as predicate criminal act under criminal gang statute, etc., report. Amending §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.32; adding §§ 2.2-224.2, 8.01-42.4, 9.1-116.2, 18.2-50.3, and 19.2-11.5. (Patron-McClellan, HB 716 (C))

Trafficking in persons; creates new felonies for forced labor or sexual servitude and adds new felonies as predicate criminal act under criminal gang statute, etc., Secretary of Public Safety to convene an anti-trafficking committee, report, Virginia Prevention of Human Trafficking Victim Fund created, penalties. Amending §§ 17.1-805, 18.2-46.1, 18.2-67.7, 18.2-346, 18.2-513, 19.2-11.2, 19.2-215.1, 19.2-305.1, and 19.2-386.32; adding §§ 2.2-224.2, 8.01-42.4, 9.1-116.2, 18.2-50.3, and 19.2-11.5. (Patron-Edwards, SB 373 (F))

Trial by jury in a civil case; any demand made in compliance with the Rules of Supreme Court of Virginia shall be sufficient, etc. Amending § 8.01-336. (Patron-Joannou, HB 1039 (Chapter 172))

Uniform Foreign-Country Money Judgments Recognition Act; replaced with version approved by National Conference of Commissioners on Uniform State Laws, recognition of foreign-country judgment. Amending § 8.01-465.23; adding §§ 8.01-465.13:1 through 8.01-465.13:11; repealing §§ 8.01-465.6 through 8.01-465.13. (Patron-Obenshain, SB 473 (Chapter 462))

Unlawful dissemination or sale of images of another; civil action, penalty. Adding § 8.01-42.4. (Patron-Simon, HB 935 (C))

Virginia Fraud Against Taxpayers Act (FATA); liability for employment discrimination. Amending § 8.01-216.8. (Patron-Lingamfelter, HB 731 (F))

Voluntary nonsuits; tolling. Amending § 8.01-380. (Patron-Joannou, HB 1041 (Chapter 86))

Writ of actual innocence; Supreme Court shall not accept a petition based on biological evidence from a petitioner pro se, exception. Amending § 19.2-327.3. (Patron-McClellan, HB 724 (F); Howell, SB 36 (C))