Civil Remedies And Procedure
Virginia 2014 Regular Session
Divorce; affidavit in support. [HB-1019]
Divorce; affidavit in support. Changes the requirements in affidavits for no-fault divorce relating to incarceration from affirming or verifying that neither party is incarcerated to affirming or verifying the incarceration status of both parties. The bill replaces references to "allegations" in such affidavits with "grounds for divorce," language more consistent with the rest of the title. The bill also provides that, if either party is incarcerated, neither party shall submit evidence by affidavit without leave of court or the consent in writing
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Sponsored by: Rep. Jeffrey Campbell
Governor: Acts Of Assembly Chapter Text (chap0288) on 03/24/2014
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Gettr Virginia 2013 Regular Session
Criminal history background checks and barrier crimes; joint subcommittee to study related laws. [SJR-311]
Study; criminal history background checks and barrier crimes; report. Establishes a joint subcommittee to study the Commonwealth's requirements related to criminal history background checks and barrier crimes and to make recommendations for changes thereto.
Sponsored by: Sen. John Edwards
Stricken At Request Of Patron In Rules By Voice Vote on 02/01/2013
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Virginia 2013 Regular Session
Background checks; children's residential facilities regulated by Department of Juvenile Justice. [SB-992]
Background checks; children's residential facilities regulated by the Department of Juvenile Justice. Provides that the requirement for criminal history background checks for children's residential facilities shall also apply to local secure detention facilities.
Sponsored by: Sen. Mamie Locke
Governor: Acts Of Assembly Chapter Text (chap0096) on 03/05/2013
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Virginia 2013 Regular Session
Expert witnesses; literature designations. [SB-983]
Expert witnesses; literature designations. Provides that a statement contained in published treatises, periodicals, or pamphlets previously designated as literature to be introduced during direct examination through an expert witness need not have been relied on by the expert at the time he formed his opinion in order for the statement to be read into evidence at trial. This bill is a recommendation of the Boyd-Graves Conference.
Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0379) on 03/14/2013
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Virginia 2013 Regular Session
Medical reports or records; method for introducing into evidence in general district court. [SB-982]
Evidence of medical reports or records. Rewrites for clarity the section setting forth the method for introducing into evidence medical records or reports in general district court in a civil action for personal injuries or to resolve a dispute with an insurance company or health care provider. The bill also provides that medical bills may be introduced into evidence in the same manner as medical records. The bill further provides that medical records and bills are subject to the same requirement as medical reports that the party intending to present
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Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0145) on 03/12/2013
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Virginia 2013 Regular Session
Bullying; defines term and requires school boards to prohibit acts by students and school employees. [SB-951]
Student and school employee conduct; bullying. Defines the term "bullying" and requires school boards to prohibit students and school employees from engaging in any act of bullying. The bill also requires local school boards to implement policies and procedures for reporting, investigating, and addressing acts of bullying by July 1, 2014. The bill contains technical amendments.
Sponsored by: Sen. Barbara Favola
Stricken At Request Of Patron In Education And Health (14-y 0-n) on 01/31/2013
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Virginia 2013 Regular Session
Firearms; criminal history records check required for transfer, penalties. [SB-911]
Transfer of firearms; criminal history records 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 with access to licensed dealers who will conduct the criminal history record information check.
Sponsored by: Sen. Janet Howell
Incorporated By Courts Of Justice on 01/18/2013
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Virginia 2013 Regular Session
Nonsuits; dismissal of action, fees and costs. [SB-903]
Dismissal of action by nonsuit; fees and costs. Clarifies that if notice to take a nonsuit is given to the opposing party during trial, the court may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure of the nonsuiting party to give notice at least seven days prior to trial. The bill also provides that invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness
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Sponsored by: Sen. Bryce Reeves
Governor: Acts Of Assembly Chapter Text (chap0366) on 03/14/2013
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Virginia 2013 Regular Session
Service of process; process on registered agent of corporation. [SB-895]
Service of process on domestic corporations. Allows process on a Virginia corporation to be served on its registered agent by posting a copy of the process on the front door or main entrance of the corporation's registered office.
Sponsored by: Sen. John Petersen
Committee Substitute Printed To Web Only 13104621d-s1 on 01/28/2013
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Virginia 2013 Regular Session
Public schools; possession & administration of epinephrine by employees of local governing bodies. [SB-893]
Public schools; possession and administration of epinephrine. Adds employees of local governing bodies and employees of local health departments to the lists of individuals who are permitted to possess and administer epinephrine and not be held liable for civil damages when certain conditions are met. The bill also requires local school boards to include in policies for the possession and administration of epinephrine a provision adding any employee of a local governing body or an employee of a local health department who is authorized by a prescriber
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Sponsored by: Sen. Janet Howell
Governor: Acts Of Assembly Chapter Text (chap0617) on 03/20/2013
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Virginia 2013 Regular Session
Contempt appeal; allows circuit judge to sit without a jury to hear from judgment of district court. [SB-870]
Criminal procedure; contempt appeal. Provides that a circuit judge shall, sitting without a jury, hear an appeal from a summary contempt judgment of the district court.
Sponsored by: Sen. William Stanley
Governor: Acts Of Assembly Chapter Text (chap0615) on 03/20/2013
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Virginia 2013 Regular Session
Criminal history background record checks; barrier crimes. [SB-868]
Criminal history record checks; barrier crimes. Clarifies the list of barrier crimes for individuals seeking employment or seeking to provide contract services at nursing homes, home care organizations, hospices, state facilities and private providers licensed by the Department of Behavioral Health and Developmental Services, community services boards, behavioral health authorities, assisted living facilities, adult day care centers, children's welfare agencies, family day homes approved by family day systems, and children's residential facilities;
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Sponsored by: Sen. John Edwards
Passed By Indefinitely In Courts Of Justice (15-y 0-n) on 01/30/2013
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Virginia 2013 Regular Session
Fraud; court may vacate judgment of criminal conviction or adjudication of person. [SB-840]
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the Code or any rule of court to the contrary, a person convicted of a felony or a juvenile found delinquent of an offense that would be a felony if committed by an adult may, with the consent of the attorney for the Commonwealth, at any time after his conviction or adjudication petition the proper court in the jurisdiction where the conviction or adjudication was obtained for an order vacating the conviction or adjudication on the basis of material
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Sponsored by: Sen. Mamie Locke
Left In Courts Of Justice on 02/18/2013
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Virginia 2013 Regular Session
Fraud; court may vacate judgment of criminal conviction. [SB-836]
Vacation of criminal conviction for fraud upon the court. Provides that notwithstanding any provision of the Code or any rule of court to the contrary, upon hearing of a motion by a person convicted of a felony or adjudicated delinquent of a felony offense in the proper court of the jurisdiction where the person was convicted, following notice to the Commonwealth, a court may at any time after the person's conviction or adjudication vacate the judgment of the criminal conviction or adjudication of the person when the court finds that the conviction
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Sponsored by: Sen. Kenneth Alexander
Incorporated By Courts Of Justice on 01/30/2013
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Virginia 2013 Regular Session
Dangerous and vicious dogs; when owner is charged with a violation, officer shall confine dog, etc. [SB-828]
Control of dangerous and vicious dogs; penalties. Authorizes an animal control officer or law-enforcement officer to apply to a magistrate for a summons where the officer believes that the owner of a vicious dog has willfully failed to comply with the law. When the owner of a dangerous dog has willfully failed to comply with the law, the bill authorizes an officer to confine the dog. The bill also clarifies the distinctions between dangerous dogs and vicious dogs, requires the owner of either type of dog to provide basic care while confining the
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Sponsored by: Sen. Harry Blevins
Governor: Acts Of Assembly Chapter Text (chap0058) on 02/23/2013
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Virginia 2013 Regular Session
Firearms; use in commission of crime, civil liability. [SB-785]
Use of firearm in commission of crime; civil liability. Provides that a person may be held civilly liable for injury to the person or property of another or for wrongful death resulting from the use of a firearm in the commission of a crime if it can be shown by clear and convincing evidence that the firearm came into the possession of the person who committed the crime because of the failure of the civil defendant to adequately secure the firearm from theft or unauthorized possession.
Sponsored by: Sen. Dave Marsden
Passed By Indefinitely In Courts Of Justice (8-y 5-n) on 01/18/2013
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Virginia 2013 Regular Session
Health care providers; submitting health insurance claims. [SB-707]
Health care providers; submitting health insurance claims. Requires any in-network provider that provides health care services to a covered patient to submit its claim to the health insurer for the health care services in accordance with the terms of the applicable provider agreement. The requirement does not apply if the covered patient fails to provide information required by the terms of the plan documents. If an in-network provider does not submit its claim as required, then the covered patient is not obligated to pay for health care services
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Sponsored by: Sen. Donald McEachin
Governor: Acts Of Assembly Chapter Text (chap0700) on 03/22/2013
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Virginia 2013 Regular Session
Medical malpractice; expert witness certification, court may conduct an in camera review. [SB-699]
Medical malpractice; expert witness certification; court review. Provides that in an action for medical malpractice or wrongful death premised on medical malpractice, the court, upon good cause shown, may conduct an in camera review of the opinion obtained by the plaintiff of an expert witness who certified that the defendant deviated from the applicable standard of care and the deviation was the proximate cause of the injuries claimed. Such a certification is required before any action for medical malpractice or wrongful death premised on medical
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Sponsored by: Sen. Kenneth Alexander
Governor: Acts Of Assembly Chapter Text (chap0610) on 03/20/2013
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Virginia 2013 Regular Session
Hospitals and physicians; processing health insurance claims. [SB-650]
Hospitals and physicians; processing health insurance claims. Requires any hospital or licensed physician who treats a patient who presents proof of health insurance providing coverage within the applicable provider network to process such patient's claims and provides that a patient is not liable for any amount in excess of what would be owed if the claim was properly filed in such instances.
Sponsored by: Sen. Donald McEachin
Left In Commerce And Labor on 11/30/2012
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Virginia 2013 Regular Session
Criminal history record information check; transfer of rifles and shotguns. [SB-612]
Criminal history record information checks upon handgun purchases; dissemination of information. The bill limits the requirement for a Virginia-specific criminal history record information check to the purchase of handguns. The bill requires the Virginia Attorney General to inform the U.S. Attorney General of Virginia law provisions regarding the purchase of firearms and that certain information regarding juvenile criminal history records and protective orders will be forwarded to the Central Criminal Records Exchange for use in the National Instant
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Sponsored by: Sen. Richard Black
Left In Courts Of Justice on 11/30/2012