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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Civil

Edwards (Chairman), Quayle, Lucas, Puller, Cuccinelli, Obenshain, Deeds

Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 14, 2008
Time and Place: Monday, 9:00 AM, 3rd Floor West, General Assembly Building

S.B. 12 Service of process; cost of return.

Patron: Puller

Return of service of process; costs. Provides that if a sheriff who has received process or papers to be served by him fails to return service of process within 72 hours of effecting service, the party requesting service of process may elect to have process served by a private process server. The party shall give notice of such an election to the clerk's office that issued the process and the sheriff prior to making such an election. If, at the time such notice is received, return of service of process has still not been made, the sheriff shall be liable for the costs subsequently incurred in effecting service as well as costs incurred in collecting the costs of service.

S.B. 17 Medical services; State's lien for payment.

Patron: Edwards

Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.

S.B. 19 Judges; increases mandatory retirement age.

Patron: Edwards

Mandatory retirement age for judges. Increases the mandatory retirement age for judges from age 70 to age 75.

S.B. 34 Judges; increases mandatory retirement age.

Patron: Deeds

Mandatory retirement for judges.  Increases the mandatory retirement age for judges from age 70 to age 75.

S.B. 46 Parentage proceedings; circuit courts, etc. have concurrent jurisdiction.

Patron: Puller

Parentage proceedings; jurisdiction. Clarifies that circuit courts and juvenile and domestic relations district courts have concurrent original jurisdiction over proceedings to determine parentage. Such concurrent jurisdiction is already provided for in Chapter 3.1 (proceedings to determine parentage) of Title 20. This bill is a recommendation of the Committee on District Courts and the Judicial Council.

S.B. 76 Law-Enforcement Officers Procedural Guarantee Act; changes to process and procedures.

Patron: Cuccinelli

Law-Enforcement Officers Procedural Guarantee Act.  Makes several changes as to the process and procedures afforded to officers under the procedural guarantee act, clarifying several existing rights and setting forth specific procedures for the questioning of officers and the conduct of a disciplinary hearing.

S.B. 77 Eminent domain; offer of repurchase to former owner.

Patron: Cuccinelli

Eminent domain; offer of repurchase to former owner. Makes the "offer to the former owner to repurchase" under eminent domain apply to any interest acquired by the condemnor. Currently, it applies only to fee simple interests.

S.B. 100 Protective orders; child custody and visitation.

Patron: Cuccinelli

Protective orders; custody and visitation; access to child.  Requires a court, when entering an order on behalf of another petitioner, to independently determine whether such order should prohibit contacts between a child and the person subject to a protective order, who is the parent or other custodian of the child. The court shall determine whether prohibiting such contacts in the protective order is necessary to protect the health and safety of the child and that there are no less drastic alternatives available. If the court determines that such contacts should not be prohibited, the court shall include in the protective order how such contacts will be maintained without violating the terms of the order.

S.B. 112 District court employees; local salary supplements.

Patron: McDougle

Local salary supplements for district court employees.  Removes the restriction on local salary supplements paid to local district court employees.

S.B. 118 Notarial certificates; removes requirement that wording appear on same page as signature.

Patron: Edwards

Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.

S.B. 170 Custody and visitation orders; modification based on active military duty.

Patron: Blevins

Custody and visitation; modification based on active military duty. Provides that a court cannot modify a custody or visitation order when one parent is on active military duty; however, a court may enter a temporary order modifying the prior custody or visitation order if it is in the best interests of the child. Any such temporary order expires upon the termination of the parent's active military duty, and the prior order is reinstated. Any such temporary order may also include a delegation of the visitation rights of a parent on active military duty to another person with a legitimate interest.

S.B. 188 Military Parents Equal Protection Act; created.

Patron: Herring

Virginia Military Parents Equal Protection Act; creation.  Creates the Virginia Military Parents Equal Protection Act which limits a court's ability to permanently modify orders regarding the custody, visitation, or support of a child due to changed circumstances resulting from one parent's military service. Any modifications made to such orders are only effective for the length of the parent's military service. The bill defines military service as a combat deployment, contingency operation, or natural disaster requiring the use of orders that do not permit any family member to accompany a parent who is in the military. The bill also imposes a duty on the parent not in the military to accommodate the rights and leave schedule of the other parent.

S.B. 213 Fiduciaries; naming represented person or fiduciary as the party to an action. 

Patron: Edwards

Fiduciaries; naming represented person or fiduciary as the party to an action. Allows either the fiduciary, or the person being represented by the fiduciary, to be named as the party to the action without prejudicing the underlying action. This bill also applies to persons who are deemed to lack capacity due to mental defect.

S.B. 232 Landlord and managing agent immunity for mold claims.

Patron: McDougle

Landlord and managing agent immunity for mold claims.  Provides immunity for landlords and managing agents if they are in compliance with the Virginia Residential Landlord and Tenant Act. Managing agents can be held liable for affirmative acts of negligence. Any party who pleads a defense pursuant to this immunity shall be entitled to a hearing on the merits after limited discovery and before adjudication of the underlying claim.

S.B. 248 Additional fees in certain courts; use by Virginia State Bar

Patron: Howell

Additional fees in certain courts; use by Virginia State Bar.  Increases the civil action filing fee in circuit and district court to $10. Currently, the fee is $5. The additional $5 would be deposited into the Legal Aid Services Fund. 

S.B. 269 Law-enforcement; overtime compensation.

Patron: Deeds

Law-enforcement; overtime compensation.  Extends the coverage under the overtime compensation for law-enforcement employees and firefighters, etc., to include state police and employers with less than 100 law-enforcement employees.

S.B. 313 Child support; exemption; parents who are imprisoned for life.

Patron: Edwards

Child support; exemption; parents who are imprisoned for life.  Clarifies that only parents who are imprisoned for life with no chance of parole are exempted from paying the presumptive minimum child support obligation of $65 per month.  Currently, all parents who are imprisoned with no chance of parole are exempted.

S.B. 327 Notarial certificates.

Patron: Quayle

Notarial certificates. Removes the requirement that the notarial certificate wording shall appear on the same page as the signature being notarized.

S.B. 328 No-fault divorce; evidence required. 

Patron: Quayle

No-fault divorce; evidence required. Allows a decree of divorce to be issued on the affidavit of one party to the marriage if no minor children are involved and there is no dispute regarding spousal support or property distribution. And if the plaintiff is indigent, allows an order stating the object of the suit and grounds thereof, in lieu of publication, to be posted on the courthouse door.

S.B. 330 Admissibility of mental health care records in custody and visitation cases.

Patron: Quayle

Admissibility of mental health care records in custody and visitation cases. Repeals the current law that provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives.

S.B. 331 Admissibility of mental health care records in custody and visitation cases.

Patron: Cuccinelli

Admissibility of mental health care records in custody and visitation cases.  Repeals the current law, which provides that in any case in which custody or visitation of a child is at issue, the mental health records concerning a parent shall be privileged and confidential and the mental health care provider may not be required to testify on behalf of or against a parent or any of the parent's adult relatives. 

S.B. 337 Recording courtroom proceedings.

Patron: Cuccinelli

Recording courtroom proceedings.  Provides that proceedings in general and juvenile and domestic relations district courts may be recorded verbatim by a court reporter or by mechanical or electronic devices. The bill also provides that the proceedings in misdemeanor cases may be recorded in the same manner. The bill also imposes a fee of $50 upon any party who uses mechanical or electronic devices provided by the court to make a verbatim recording of the evidence and incidents of a trial or proceeding in both circuit and district courts. The fee shall be retained locally and paid into a special fund for the purpose of repairing, replacing, or supplementing such devices or to pay for the purchase price of such devices or for renovations to the courtroom necessary for the use of such devices.

S.B. 355 Law-Enforcement Officers Procedural Guarantee Act.

Patron: Deeds

Law-Enforcement Officers Procedural Guarantee Act.  Makes several changes in the process and procedures afforded to officers under the procedural guarantee act, including right to counsel, notice of allegations, and a prohibition against a complaining officer being in charge of an investigation. The bill also grants the officer under investigation an opportunity to review the file at the conclusion of the investigation.

S.B. 394 Termination of parental rights; juvenile court as court of record.

Patron: Edwards

Termination of parental rights; juvenile court as court of record. Establishes that a juvenile and domestic relations district court functions as a court of record in cases involving termination of residual parental rights. The bill further provides that juvenile court decisions in such cases are appealed directly to the Court of Appeals.

S.B. 427 Lis pendens; zoning ordinance violation.

Patron: Barker

Lis pendens; zoning ordinance violation. Provides that in actions to enforce a zoning ordinance, no lis pendens or attachment shall affect a bona fide purchaser of real or personal estate unless the memorandum of lis pendens recorded in the clerk's office contains a description of the alleged zoning violation.

S.B. 450 Slayer statute; construction. 

Patron: Petersen

Slayer statute; construction.  Provides that persons who are convicted of the voluntary or involuntary manslaughter of a decedent, or who are determined by a court to have committed the unlawful homicide of the decedent where there has been no conviction but the person is not available for prosecution by reason of his death, are barred from acquiring property rights or receiving any benefits as a result of the decedent's death. The current definition of "slayer" only addresses persons who are convicted of murder or who are determined by a court to have murdered the decedent.

S.B. 454 Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.

Patron: Petersen

Virginia Residential Property Disclosure Act; disclosure of storm water detention facilities.  Requires the owner to disclose to the purchaser prior to settlement the presence of any storm water detention facilities on the property.