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2023 SESSION

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Senate Committee on Judiciary
Subcommittee Civil Law

Petersen (Chair), Lucas, Stuart, Obenshain, Saslaw, Boysko

Clerk: Michael Jackson, Claire Dunn
Staff: C. Quagliato, S. Miller-Bryson
Date of Meeting: January 23, 2023
Time and Place: 4 PM / Subcommittee Room 3 / 5th Floor Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 810

Patron: Petersen

Review of injunctions; petitions for review. Removes permanent injunctions from the current provision that when a circuit court (i) grants a preliminary or permanent injunction, (ii) refuses such an injunction, or (iii) having granted such an injunction, dissolves or refuses to enlarge it, an aggrieved party may file a petition for review with clerk of the Supreme Court of Virginia. The bill increases from seven days to 15 days the period after the date of service of a copy of such petition during which an opposing party may file a response.

A BILL to amend and reenact § 8.01-626 of the Code of Virginia, relating to review of injunction; petitions for review.

23100769D

S.B. 811

Patron: Petersen

Appeal of interlocutory orders. Provides that when, prior to the commencement of trial, the circuit court has entered in any pending civil action an order granting or denying a plea of sovereign, absolute, or qualified immunity that, if granted, would immunize the movant from compulsory participation in the proceeding, the order is eligible for immediate appellate review. The bill further provides that any person aggrieved by such order may, within 15 days of the entry of such order, file a petition for review with the Supreme Court of Virginia. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact §§ 8.01-626, 8.01-675.5, and 17.1-405 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 8.01-670.2, relating to appeal of interlocutory orders.

23101533D

S.B. 817

Patron: Surovell

Lien for attorney fees; written notice requirements; validity and amount determinations. Provides that written notice of a lien for attorney fees shall be given either within 45 days of the end of representation or (i) in causes of action sounding in tort or for liquidated or unliquidated damages on contract, before settlement or adjustment or (ii) in cases of annulment or divorce, before final judgment is entered, whichever is earlier. The bill further provides that the validity and amount of such a lien may be determined either by motion in the case in which the lien is claimed or by separate action after final judgment has been entered therein or if no case has been filed. Finally, the bill specifies that the validity and amount of such a lien shall be determined by the court without a jury. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 54.1-3932 of the Code of Virginia, relating to lien for attorney fees; written notice requirements; validity and amount determinations.

23100739D

S.B. 845

Patron: Petersen

Immunity of persons at public hearing; statements made by employee against employer. Clarifies that the civil immunity provided to any person who makes a statement at a public hearing or that is communicated to a third party applies where such statement is made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law.

A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; statements made by employee against employer.

23102261D

S.B. 895

Patron: Surovell

Appeals of certain interlocutory decrees or orders; report. Prohibits the appeal of certain interlocutory decrees or orders relating to affirmance or annulment of a marriage, divorce, custody of a minor child, spousal or child support, control or disposition of a minor child, any other domestic relations matter arising under Title 16.1 (Courts Not of Record) or 20 (Domestic Relations), or any protective order other than a final protective order issued by a circuit court. The bill also restores the Court of Appeal's jurisdiction over appeals of orders granting or denying pleas of immunity. Under current law, such orders are appealable to the Supreme Court of Virginia. The bill requires the Virginia Family Law Coalition to study appeals of interlocutory decrees and orders involving domestic relations matters in the Commonwealth and to report the findings of such study to the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by October 1, 2023. The bill directs the Supreme Court of Virginia to promulgate rules consistent with the bill by November 1, 2023.

A BILL to amend and reenact §§ 8.01-626, 8.01-675.5, 16.1-279.1, 17.1-405, and 19.2-152.10 of the Code of Virginia, relating to appeals of certain interlocutory decrees or orders; report.

23103149D

S.B. 931

Patron: Hashmi

Disposition of unrestorably incompetent defendant; acts of violence. Provides that the same disposition procedures currently in place for an unrestorably incompetent defendant charged with aggravated murder shall also apply to an unrestorably incompetent defendant charged with an act of violence, which include procedures providing that such charge shall not be dismissed and that the court may order that the defendant receive continued treatment to restore competency, provided that (i) hearings be held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court that the defendant's competency has been restored; (ii) the defendant remains incompetent; (iii) the court finds continued treatment to be medically appropriate; and (iv) the defendant presents a danger to himself or others. Under current law, if a defendant charged with an act of violence is found to be unrestorably incompetent, the court shall order that he be (a) released, (b) involuntarily committed, (c) certified as eligible for admission to a training center, or if applicable (d) screened for civil commitment of sexually violent predators.

A BILL to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to disposition of unrestorably incompetent defendant; acts of violence.

23101901D

S.B. 1033

Patron: McPike

Appointment of guardian ad litem for minor witness. Authorizes a general district court to appoint a guardian ad litem to represent a minor who is required to testify as a witness in a case before the court.

A BILL to amend the Code of Virginia by adding a section numbered 8.01-396.2, relating to appointment of guardian ad litem for minor witness.

23101705D

S.B. 1144

Patron: McPike


Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any local department of social services, criminal justice agency, financial institution, investment advisor, or other financial services provider, to provide, upon request from the appointed guardian ad litem, such information, records, or reports to the appointed guardian ad litem. The bill also specifies that the individual or entity who provides such information, records, or reports shall do so within five days of the request from the guardian ad litem and shall provide the information, records, or reports at no cost but may attach a statement of expenses or invoice to the requested information, records, or reports to be considered by the court in its determination of the award of costs in a proceeding. Under current law, health care providers and local school divisions are required to provide such information, records, or reports to guardians ad litem upon request.

The bill also requires certain financial institutions, in cooperation with an investigation of alleged abuse, neglect, or exploitation of an adult, to make available any financial records or information relevant to such investigation upon request from any guardian ad litem who has been appointed by the court to represent such adult. The bill immunizes such financial institutions from civil or criminal liability for providing such financial records or information, provided that such financial institutions did not engage in gross negligence or willful misconduct.

A BILL to amend and reenact §§ 6.2-103.1 and 64.2-2003 of the Code of Virginia, relating to appointment of guardian ad litem; requested information, records, or reports from an individual or entity.

23104005D