Civil Remedies And Procedure

State (Virginia)
Virginia 2014 Regular Session

Audio-visual deposition; uses. [HB-615]
Audio-visual deposition; uses. Prohibits an attorney authorized to practice before a court in the Commonwealth from posting or releasing to the Internet any portion of a video deposition without the written permission of the individual being deposed.

  

Sponsored by: Rep. Jackson Miller Left In Courts Of Justice on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Recordation & marginal release; circuit court clerk not required to make recordings in record books. [HB-607]
Clerk; recordation; marginal release. Removes the requirements that the clerk of the circuit court make recordings in the margins of pages in record books to accommodate the use of electronic filing databases by circuit court clerks.

  

Sponsored by: Rep. Roxann Robinson Governor: Acts Of Assembly Chapter Text (chap0330) on 03/27/2014

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State (Virginia)
Virginia 2014 Regular Session

Summons; unlawful detainer issued by magistrate or clerk or judge of general district court. [HB-596]
Summons for unlawful detainer issued by magistrate or clerk or judge of a general district court; amendment of amount due. Provides that when a defendant does not make an appearance in an unlawful detainer hearing, upon request by the plaintiff and a determination by the court as to the accuracy of the amount due and that the summons served upon the defendant requests judgment for all amounts due as of the date of the hearing, the court shall permit amendment of the amount requested on the summons for unlawful detainer filed in court and shall enter (continued...)

  

Sponsored by: Rep. Jackson Miller Governor: Acts Of Assembly Chapter Text (chap0168) on 03/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Firearms; criminal history record information check on transferee; penalties. [HB-535]
Transfer of firearms; criminal history record information check; penalties. Adds a definition of "firearms show vendor" and requires that a criminal history record information check be performed on the prospective transferee before the vendor may transfer firearms at a gun show. Under current law, only licensed dealers must obtain such a check. The bill also requires that the promoter of a firearms show provide vendors access to licensed dealers who will conduct the criminal history record information check.

  

Sponsored by: Rep. L. Kaye Kory Left In Militia, Police And Public Safety on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Health care providers; electronic medical records. [HB-490]
Health care providers; electronic medical records; metadata. Requires health care providers, upon request of a patient or the patient's attorney, to provide the patient with the metadata of the patient's electronic medical record. The bill defines "metadata" for the purposes of this provision.

  

Sponsored by: Rep. David Albo Left In Courts Of Justice on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Electronic summons system; fees. [HB-477]
Electronic summons system; fees. Allows counties and cities to assess a fee not to exceed $5 as part of the costs in each criminal or traffic case in district or circuit court to be used for the implementation and maintenance of an electronic summons system.

  

Sponsored by: Sen. Scott Surovell Governor: Acts Of Assembly Chapter Text (chap0325) on 03/27/2014

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State (Virginia)
Virginia 2014 Regular Session

Background checks; employment prior to receipt of results. [HB-450]
Background checks; employment prior to receipt of results. Provides that no person shall be employed in a position that involves direct contact with a patient of, or person or child receiving services from, a nursing home, home health organization, hospice, assisted living facility, adult day care, child welfare agency, or family day home approved by a family day system until the results of a criminal history background check have been received, unless the person works under the direct supervision of a person for whom a background check has been (continued...)

  

Sponsored by: Rep. Robert Bell Governor: Acts Of Assembly Chapter Text (chap0129) on 03/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens. [HB-439]
Fraud and Abuse Whistle Blower Protection Act; applicability to Virginia citizens. Expands the protections of the Fraud and Abuse Whistle Blower Protection Act to Virginia citizens and makes Virginia citizens eligible for an award from the Fraud and Abuse Whistle Blower Reward Fund, provided they meet the requirements of the Act, including where the disclosure results in a recovery of at least $5,000. The bill contains technical amendments.

  

Sponsored by: Rep. James LeMunyon Governor: Acts Of Assembly Chapter Text (chap0403) on 03/31/2014

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State (Virginia)
Virginia 2014 Regular Session

Federal firearms laws; enforcement. [HB-43]
Federal firearms laws; enforcement. Provides that agencies and political subdivisions of the Commonwealth, and employees thereof, shall not knowingly aid any employee or entity of the federal government (i) in the enforcement of federal firearms laws that take effect on or after December 1, 2013, or (ii) in the conduct or enforcement of a criminal background check related to any intrastate sale, loan, gift, or other transfer of a firearm between citizens of the Commonwealth.

  

Sponsored by: Rep. Robert Marshall Left In Appropriations on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Child care; Department of Social Services to plan for national background checks for providers. [HB-412]
Child welfare agencies; criminal history background checks. Directs the Department of Social Services to convene a work group to review current state and federal laws and regulations governing criminal history background checks for child-care providers and to develop a plan for implementation of national fingerprint-based criminal history background checks for all child-care providers in the Commonwealth, and to report to the Governor and the General Assembly by November 1, 2014.

  

Sponsored by: Sen. Jennifer McClellan Governor: Acts Of Assembly Chapter Text (chap0128) on 03/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Child sex-crime cases; admission of prior sexual offenses into evidence. [HB-403]
Prior sex offenses admissible in evidence; sex crimes against child. Provides that in a criminal case in which the defendant is accused of a felony sexual offense involving a child victim, evidence of the defendant's conviction of another sexual offense or offenses is admissible and may be considered for its bearing on any matter to which it is relevant. This rule of evidence is to be applied in conjunction with the Virginia Rules of Evidence.

  

Sponsored by: Rep. Robert Bell Governor: Acts Of Assembly Chapter Text (chap0782) on 04/23/2014

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State (Virginia)
Virginia 2014 Regular Session

Statutes of limitation; accrual of right of action. [HB-398]
Statutes of limitation; accrual. Provides that in civil actions to recover for damage to property or injury to person, if the injury was not reasonably discoverable on the date it was sustained, the statute of limitations does not begin to run until the date that injury was discovered or should have been discovered. Under current law, in most cases the limitations period begins to run from the date the injury was sustained. No change is made to the law governing limitations periods in medical malpractice cases.

  

Sponsored by: Rep. C. Matthew Fariss Left In Courts Of Justice on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Judgment; payment required to be noted by creditor, penalty. [HB-393]
Judgment payment required to be noted by creditor; penalty. Provides that payment by a debtor shall be entered on the judgment docket by the creditor within 90 days of payment of a judgment or within 10 days of being notified of satisfaction. The bill also provides that the judgment creditor shall be liable for a fine of $100 as well as the cost of releasing the judgment if he fails to enter such payment under such terms. Under current law, the judgment creditor is only subject to a $50 fine for failure to enter judgment within 10 days after receiving (continued...)

  

Sponsored by: Rep. Jeffrey Campbell Governor: Acts Of Assembly Chapter Text (chap0274) on 03/24/2014

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State (Virginia)
Virginia 2014 Regular Session

National accrediting organizations; Joint Commission on Accreditation of Healthcare Organizations. [HB-391]
National accrediting organizations; Joint Commission on Accreditation of Healthcare Organizations. Replaces outdated references to the Joint Commission on Accreditation of Healthcare Organizations with references to any national accrediting organization granted authority by the Centers for Medicare and Medicaid Services to ensure compliance with Medicare conditions of participation.

  

Sponsored by: Rep. John O'Bannon Governor: Acts Of Assembly Chapter Text (chap0320) on 03/27/2014

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State (Virginia)
Virginia 2014 Regular Session

Health care providers, volunteer; VDH shall certify certain persons, immunity from liability, etc. [HB-39]
Volunteer health care providers. Provides that the Department of Health shall certify as a volunteer health care provider any person who (i) holds a current, valid license as a doctor of medicine or osteopathy from the Board of Medicine or as a dentist from the Board of Dentistry; (ii) is deemed to be an employee of the federal Public Health Services as a free clinic professional providing qualifying health services; and (iii) provides documentation indicating that he has provided at least four hours of qualifying health services at a free clinic (continued...)

  

Sponsored by: Rep. Patrick Hope Left In Courts Of Justice on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

General receivers; reimbursement of expenses incurred for direct out-of-pocket expenses. [HB-360]
Reimbursement of expenses incurred by general receivers for direct out-of-pocket expenses when carrying out order of the court. Provides for payment of $50 to a general receiver for conducting a hearing to ascertain the identity or location of trust fund beneficiaries and $50 per hour for an appearance in court. The bill also provides that when direct out-of-pocket expenses are necessary to carry out an order of the court, a general receiver may receive reimbursement for such expenses as the court deems reasonable. The bill also clarifies that compensation (continued...)

  

Sponsored by: Rep. Jeffrey Campbell Governor: Acts Of Assembly Chapter Text (chap0065) on 03/03/2014

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State (Virginia)
Virginia 2014 Regular Session

Epinephrine; possession and administration. [HB-352]
Possession and administration of epinephrine. Authorizes any employee of a licensed restaurant to possess and administer epinephrine, provided such employee is authorized by a prescriber and trained in the administration of epinephrine. The bill also requires the Department of Health, in conjunction with the Department of Health Professions, to develop policies and guidelines for the recognition and treatment of anaphylaxis in restaurants.

  

Sponsored by: Rep. John O'Bannon Left In Health, Welfare And Institutions on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Electronic communications; right to privacy, civil action. [HB-325]
Right to privacy in electronic communications; civil action. Provides that a person has a right to privacy in the content and metadata of the person's electronic communications, including emails, text messages, telephone calls, location data, mobile or cellular phone signals, or other forms of electronic communications. A person may maintain a civil action for the unauthorized use of a digital image or profile generated through the aggregation or analysis of the content or metadata of his electronic communications for advertising purposes or for (continued...)

  

Sponsored by: Rep. Robert Marshall Left In Courts Of Justice on 02/12/2014

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State (Virginia)
Virginia 2014 Regular Session

Civil action; rescission of deed, etc., court may award to plaintiff reasonable attorney fees, etc. [HB-312]
Action for rescission of a deed or other instrument on grounds of undue influence; attorney fees. Provides that in any civil action to rescind a deed, contract, or other instrument, the plaintiff may be awarded reasonable attorney fees and costs associated with bringing such action where the court finds, by clear and convincing evidence, that the instrument was obtained by fraud or undue influence on the part of the defendant.

  

Sponsored by: Rep. David Toscano Governor: Acts Of Assembly Chapter Text (chap0164) on 03/05/2014

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State (Virginia)
Virginia 2014 Regular Session

Injunctions; expedited review of final and interlocutory orders, opposition to petition for review. [HB-302]
Injunctions; expedited review of final and interlocutory orders; opposition to petition for review. Makes various changes to procedures governing the expedited review of orders concerning injunctions, including allowing expedited review to be used for final orders, in addition to interlocutory orders; deleting the language specifying that a petition for review be reviewed by a "single Justice or Judge"; and allowing the opposing party to file an opposition to a petition for review. This bill is a recommendation of the Boyd-Graves Conference.

  

Sponsored by: Rep. George Loupassi Left In Courts Of Justice on 02/12/2014

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