Civil Remedies And Procedure
Virginia 2013 Regular Session
Criminal history record information check; making false statements, penalty. [SB-435]
Criminal history record information check; making false statements; penalty. Provides that any person who knowingly makes a materially false statement on criminal history background check forms required for the purchase and transfer of firearms is guilty of a Class 5 felony. Current law uses the phrase "willfully and intentionally" rather than "knowingly." The bill contains technical amendments.
Sponsored by: Sen. Ryan McDougle
Left In Finance on 11/30/2012
Spread the world
Gettr Virginia 2013 Regular Session
Criminal history record information check; required forms upon sale of a firearm. [SB-429]
Criminal history record checks for firearms; required forms. Provides that only certain information about the purchaser may be required on the State Police form to be completed when purchasing a firearm.
Sponsored by: Sen. Frank Ruff
Left In Militia, Police And Public Safety on 11/29/2012
Spread the world
Virginia 2013 Regular Session
Certain persons; immunity for those reporting, etc., individual posing credible danger of injury. [SB-1376]
Civil immunity for certain persons; incidents on school property. Provides that any person who, in good faith and without malice, reports, investigates, or causes an investigation to be made into the activities of any person relating to conduct involving bomb threats or other explosives or alcohol or drug use at a school or institution of higher learning or in connection with a school or institution activity shall be immune from all civil liability that might be incurred as a result of making such a report or investigation. Currently, only certain
(continued...)
Sponsored by: Sen. Jill Vogel
Governor: Acts Of Assembly Chapter Text (chap0665) on 03/20/2013
Spread the world
Virginia 2013 Regular Session
Firearm shows; VSP to be available to perform background checks for non-dealer sales, etc. [SB-1372]
Transfer of firearms at gun shows; voluntary background check. Requires the Department of State Police to be available to perform background checks for non-dealer sales at gun shows if a party involved in a transaction wants one. In order for the bill to become effective, the U.S. Department of Justice must approve the policies and procedures that the Department of State Police will use to implement the provisions of the bill.
Sponsored by: Sen. John Edwards
Failed To Report (defeated) In Courts Of Justice (3-y 11-n 1-a) on 02/04/2013
Spread the world
Virginia 2013 Regular Session
Criminal judgment; appeal based on erroneously admitted evidence. [SB-1348]
Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the judgment. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial.
Sponsored by: Sen. Mark Obenshain
Incorporated By Courts Of Justice on 01/28/2013
Spread the world
Virginia 2013 Regular Session
Civil cases; conduct of business activity, permissible venue. [SB-1337]
Venue in civil cases; conduct of business activity; change of venue. Provides that Category B venue exists where a defendant that is not an individual has its principal office or principal place of business. Currently, Category B venue exists where the president or other chief officer of a defendant that is a corporation resides. The bill also provides that Category B venue exists where a defendant regularly conducts substantial business activity or where such activity was conducted before the defendant's withdrawal from the Commonwealth provided
(continued...)
Sponsored by: Sen. Thomas Norment
Governor: Acts Of Assembly Chapter Text (chap0103) on 03/05/2013
Spread the world
Virginia 2013 Regular Session
Criminal history record information checks, etc.; dissemination of information. [SB-1299]
Criminal history record information checks; protective order registry; dissemination of information. Provides that certain criminal history record information and protective order registry information shall be made available to the Attorney General of the United States for the purposes of using the National Instant Criminal Background Check System to determine a person's eligibility to possess or receive a firearm under state or federal law.
Sponsored by: Sen. John Edwards
Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 01/28/2013
Spread the world
Virginia 2013 Regular Session
Criminal judgment; appeal based on erroneously admitted evidence. [SB-1297]
Erroneously admitted evidence; appeal. Provides that when a criminal judgment is appealed based on a claim that the evidence to convict was insufficient because the trial court improperly admitted evidence, the reviewing court shall consider all evidence admitted at trial to determine whether there is sufficient evidence to sustain the judgment. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case shall be remanded for a new trial.
Sponsored by: Sen. Mark Obenshain
Committee Substitute Printed To Web Only 13104662d-s1 on 02/04/2013
Spread the world
Virginia 2013 Regular Session
Criminal history record information; emergency medical services providers. [SB-1288]
Criminal history checks of emergency medical services personnel. Provides that the State Board of Health shall require each person who, on or after July 1, 2013, applies to be a volunteer with or employee of an emergency medical services agency to submit fingerprints and provide personal descriptive information for the purpose of a state and national criminal history record check.
Sponsored by: Sen. Charles Carrico
Governor: Acts Of Assembly Chapter Text (chap0407) on 03/14/2013
Spread the world
Virginia 2013 Regular Session
Firearms; criminal history record information check required for any purchase. [SB-1281]
Sale of firearms; penalty. Requires a background check for any firearm purchase and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to someone who is prohibited from possessing a firearm by state or federal law is guilty of a Class 6 felony.
Sponsored by: Sen. Creigh Deeds
Passed By Indefinitely In Courts Of Justice (8-y 6-n) on 01/18/2013
Spread the world
Virginia 2013 Regular Session
Service of process; in order to be timely, must be made within six months from commencement. [SB-1278]
Service of process; timing. Provides that in order to be timely, service of process must be made within six months from the commencement of the action. Currently, service of process is timely if made within 12 months. The bill also provides that no nonsuit may be taken more than six months after the commencement of an action in the absence of timely service of process unless the court finds that the plaintiff exercised due diligence in attempting to serve process.
Sponsored by: Sen. Richard Stuart
Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 02/01/2013
Spread the world
Virginia 2013 Regular Session
Medical malpractice; expert witness certification, court may conduct an in camera review. [SB-1255]
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
(continued...)
Sponsored by: Sen. Kenneth Alexander
Incorporated By Courts Of Justice on 02/01/2013
Spread the world
Virginia 2013 Regular Session
Firearms; criminal history information check required to sell. [SB-1232]
Sale of firearms; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for sellers to obtain such a check from licensed firearm dealers. A seller who fails to obtain such a check and sells the gun to any other person is guilty of a Class 1 misdemeanor.
Sponsored by: Sen. Adam Ebbin
Incorporated By Courts Of Justice on 01/18/2013
Spread the world
Virginia 2013 Regular Session
Driving under influence of alcohol; defendant's blood or breath tested, exemplary damages. [SB-1169]
DUI; exemplary damages. Provides that in an action for personal injury or death arising from the operation of a motor vehicle, engine, or train, a defendant's conduct will be deemed so willful and wanton as to show a conscious disregard for the rights of others, thus entitling the plaintiff to an award of exemplary damages, if the defendant's blood alcohol concentration (BAC) was or exceeded 0.15 at the time of the incident or at the time the blood or breath test was performed. Currently, only the defendant's BAC at the time of the incident is considered.
Sponsored by: Sen. Ryan McDougle
Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 02/01/2013
Spread the world
Virginia 2013 Regular Session
Infants; cause of action for expenses for injury, statute of limitations. [SB-1164]
Action for expenses for infant's injury; statute of limitations. Provides that any action by a parent or guardian of an infant for the expenses of curing or attempting to cure the infant from the result of a personal injury or loss of services of the infant that accrues on or after July 1, 2013, shall be brought within the limitations period applicable to the infant's cause of action. Currently, such action must be brought within five years from the time the action accrued. The bill also provides that, in actions that accrue on or after July 1,
(continued...)
Sponsored by: Sen. William Stanley
Governor: Acts Of Assembly Chapter Text (chap0689) on 03/21/2013
Spread the world
Virginia 2013 Regular Session
Wrongful death and personal injury actions; future wages presumption. [SB-1163]
Wrongful death and personal injury actions; future wages presumption. Creates a rebuttable presumption in actions for the personal injury or wrongful death that a person who, at the time of the injury or death, was an infant or was at least 18 years of age but less than 24 years of age and was enrolled as a full-time student would have earned wages during his lifetime at the federal minimum wage rate in effect at the time the action was filed. Such wages shall be calculated based on 40 hours of work per week for the person starting from (i) age
(continued...)
Sponsored by: Sen. William Stanley
Stricken At The Request Of Patron In Courts Of Justice (13-y 0-n) on 02/01/2013
Spread the world
Virginia 2013 Regular Session
Discovery rule; statute of limitations. [SB-1139]
Discovery rule; statute of limitations. Provides that the period of limitations for filing a cause of action for injury resulting from implanted medical devices, toxic exposure, and prescribed or over-the-counter medications accrues from the time the person knew or should have known of the injury and its causal connection to such device, substance, or medication. This bill is a recommendation of the Boyd-Graves Conference.
Sponsored by: Sen. Donald McEachin
Stricken At The Request Of Patron In Courts Of Justice (15-y 0-n) on 01/30/2013
Spread the world
Virginia 2013 Regular Session
Deadman's Statute; corroboration of testimony by business records, authentication of records. [SB-1122]
Deadman's Statute; corroboration of testimony by business records. Revises the Deadman's Statute by allowing for the corroboration of the testimony of an adverse or interested party by an entry in a business record authored by the adverse or interested party. If the authentication of the business record used as evidence for corroboration is not admitted in a request for admission, the record must be authenticated by a person who is not the author of the entry and who is not an adverse or interested party to the case.
Sponsored by: Sen. Thomas Norment
Governor: Acts Of Assembly Chapter Text (chap0637) on 03/20/2013
Spread the world
Virginia 2013 Regular Session
Child sexual abuse cases; prior sex offenses against children admissible in evidence. [SB-1114]
Prior sex offenses against children admissible in evidence. Provides that in a criminal case in which the defendant is accused of an offense of child sexual abuse, evidence of the defendant's conviction of another offense or offenses of child sexual abuse is admissible and may be considered for its bearing on any matter to which it is relevant.
Sponsored by: Sen. Mark Herring
Left In Courts Of Justice on 02/18/2013
Spread the world
Virginia 2013 Regular Session
Driving under influence of alcohol; exemplary damages, etc. [SB-1112]
DUI; exemplary damages. Provides that for the purpose of awarding exemplary damages in an action for personal injury or death arising from the operation of a motor vehicle while under the influence, it shall be rebuttably presumed that the blood alcohol concentration of the defendant at the time of the incident causing injury or death was at least as high as the test result shown in a certificate of analysis for a blood or breath test, provided that the test was administered within three hours of the incident. In addition to other forms of proof,
(continued...)
Sponsored by: Sen. Ryan McDougle
Governor: Acts Of Assembly Chapter Text (chap0636) on 03/20/2013