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2023 SESSION

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SB 863 Va. Prisoner Litigation Reform Act; expands the Act to apply to civil actions brought by prisoners.

Introduced by: William M. Stanley, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

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.


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