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2023 SESSION

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Senate Committee on Judiciary

Co-Chair: John S. Edwards - Co-Chair: R. Creigh Deeds

Clerk: Michael Jackson, Claire Dunn
Staff: C. Quagliato, S. Miller-Bryson
Date of Meeting: February 6, 2023
Time and Place: 9 AM Senate Committee Room A / Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 863

Patron: Stanley

Virginia Prisoner Litigation Reform Act. Expands the Virginia Prisoner Litigation Reform Act to apply to civil actions brought by prisoners who are represented by counsel. Under current law, the provisions of the Act apply only to pro se prisoners. The bill clarifies that the Act shall apply to all civil actions for money damages brought under the laws of the Commonwealth and civil actions for injunctive, declaratory, or mandamus relief brought under the laws of the Commonwealth or federal law. The bill also provides that the Act shall apply to civil actions brought by prisoners who are currently or were formerly incarcerated in any state or local correctional facility or a facility operated under the Corrections Private Management Act and that all such civil actions shall be brought in the circuit court of the city or county in which the prison is located where the prisoner was housed when his cause of action arose. The bill also clarifies when a genuine issue of material fact exists for the purposes of a summary judgment.

A BILL to amend and reenact §§ 8.01-690, 8.01-693, and 8.01-696 of the Code of Virginia, relating to Virginia Prisoner Litigation Reform Act.

23101463D

S.B. 1243

Patron: Surovell

Abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act. Provides that no demand for extradition of a person charged with a criminal violation of law of another state shall be recognized by the Governor if such alleged violation involves the receipt of or assistance with reproductive health care services unless the alleged violation would also constitute a criminal offense under the laws of the Commonwealth. The bill adds obtaining, disclosing, selling, or disseminating certain enumerated personal reproductive or sexual health information without the consent of the consumer as a prohibited practice under the Virginia Consumer Protection Act.

A BILL to amend and reenact § 59.1-200 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-87.1, relating to abortion or other reproductive health care services; prohibitions on extradition for certain crimes; prohibited practices under Virginia Consumer Protection Act.

23103737D

S.B. 1244

Patron: Surovell

Crime Victim and Witness Rights Act; notifications to victims; Attorney General. Clarifies that, for the purposes of the Crime Victim and Witness Rights Act, the "attorney for the Commonwealth" includes the Attorney General when the Attorney General is instituting or conducting a criminal prosecution pursuant to the enumerated authority to institute or conduct such matter.

A BILL to amend and reenact § 19.2-11.01 of the Code of Virginia, relating to Crime Victim and Witness Rights Act; notifications to victims; Attorney General.

23100068D

S.B. 1379

Patron: Deeds

Local and regional correctional facilities; provision of medical services; waiver of sovereign immunity. Waives sovereign immunity for health care providers employed by localities or by local or regional correctional facilities to provide medical services to prisoners for a claim of wrongful death or injury resulting from a negligent or wrongful act or omission in the provision of such medical services. This bill is in response to Patterson v. City of Danville, 875 Va. S.E.2d 65 (2022).

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 3 of Title 53.1 a section numbered 53.1-133.06, relating to local and regional correctional facilities; provision of medical services; waiver of sovereign immunity.

23100123D

S.B. 1472

Patron: Stanley

Violations of child protective orders; penalty. Provides that a violation of a permanent child protective order is punishable as a Class 1 misdemeanor.

A BILL to amend and reenact § 16.1-278.2 of the Code of Virginia, relating to violations of child protective orders; penalty.

23104323D

S.B. 1495

Patron: Surovell

Local enforcement action; willful disregard for applicable law; damages. Provides that any person aggrieved by an enforcement action by a locality, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to terminate such enforcement and may be entitled to reasonable attorney fees and court costs.

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2208.2, relating to local enforcement action; willful disregard for applicable law; damages.

23103576D

S.B. 1515

Patron: Stanley

Civil liability for publishing or distribution of material harmful to minors on the Internet. Creates a civil cause of action for any commercial entity that knowingly or intentionally publishes or distributes on the Internet material harmful to minors, as defined in the bill, and that does not take reasonable steps to verify that the age of a person attempting to access such material harmful to minors is 18 years of age or older.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-40.5, relating to civil liability for publishing or distribution of material harmful to minors on the Internet.

23104347D

S.B. 1534

Patron: Deeds

Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment; Virginia Longitudinal Data System. Allows the Virginia Criminal Sentencing Commission to contribute the statewide and locality-level data it collects on adults charged with criminal offenses punishable by incarceration to the Virginia Longitudinal Data System administered by the State Council of Higher Education for Virginia.

A BILL to amend and reenact § 19.2-134.1 of the Code of Virginia, relating to collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment; Virginia Longitudinal Data System.

23102142D