Civil Remedies And Procedure
Virginia 2013 Regular Session
Child support; confidentiality of guidelines worksheets in mediated agreements. [SB-1028]
Confidentiality of child support guidelines worksheets in mediated agreements. Eliminates two provisions requiring the disclosure of financial information obtained for the purposes of completing a child support guidelines worksheet in the course of mediation to the court even when an agreement has not been reached by the parties. Under current law, these provisions conflict with a mediator's duty of confidentiality. This bill is a recommendation of the Committee on District Courts.
Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0383) on 03/14/2013
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Physician, licensed, etc.; may perform procedure for physical evidence recovery kit examination. [SB-1006]
Individual incapable of making an informed decision; procedure for physical evidence recovery kit examination. Authorizes a licensed physician, physician assistant, nurse practitioner, or registered nurse to perform a physical evidence recovery kit examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when there is a need to conduct the examination, no legally authorized representative is available to provide consent, and a capacity
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Sponsored by: Sen. George Barker
Governor: Acts Of Assembly Chapter Text (chap0532) on 03/18/2013
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Virginia 2013 Regular Session
Firearms; criminal history records check required for transfer, penalties. [SB-1001]
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
Committee Substitute Printed To Web Only 13104236d-s1 on 01/23/2013
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Virginia 2013 Regular Session
Concealed handgun permittees; criminal history record information check exemption for some firearms. [HB-859]
Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.
Sponsored by: Rep. C. Todd Gilbert
Left In Militia, Police And Public Safety on 11/29/2012
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Virginia 2013 Regular Session
Application of foreign law; court decisions will be void as violation of public policy of State. [HB-825]
Application of foreign laws. Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law.
Sponsored by: Rep. Mark Cole
Left In Courts Of Justice on 11/29/2012
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Virginia 2013 Regular Session
Criminal history information; prohibits sale of person's conviction when record is expunged. [HB-679]
Unlawful sale of criminal history information. Provides that the sale or offer for sale of the criminal history information of a person pertaining to a charge or conviction of a criminal offense after the arrest and charge history for that offense has been expunged pursuant to Title 16.1 or 19.2 by a seller or offeror who knows or has reason to know that the information has been expunged is a violation of the Virginia Consumer Protection Act.
Sponsored by: Sen. Scott Surovell
Left In Commerce And Labor on 11/29/2012
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Virginia 2013 Regular Session
Application of foreign law; court decisions and contracts will be void as violation of policy. [HB-631]
Application of foreign law in Virginia courts. Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person's rights guaranteed by the United States Constitution or the Constitution of Virginia.
Sponsored by: Rep. Mark Cole
Left In Courts Of Justice on 11/29/2012
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Virginia 2013 Regular Session
Concealed handgun permittees; criminal history record information check exemption for some firearms. [HB-592]
Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. Provides an exemption from Virginia-specific criminal history record information checks upon the purchase of firearms from licensed dealers when the purchaser is a Virginia resident holding a valid Virginia-issued concealed handgun permit.
Sponsored by: Rep. Terry Kilgore
Left In Militia, Police And Public Safety on 11/29/2012
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Virginia 2013 Regular Session
Criminal history record information checks upon handgun purchases; dissemination of information. [HB-237]
Criminal history record information checks upon handgun purchases; 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 a National Instant Criminal Background check to determine a person's eligibility to possess or purchase a firearm under state or federal law. The bill also limits the requirement for a Virginia-specific criminal history record information
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Sponsored by: Sen. John Cosgrove
Left In Militia, Police And Public Safety on 11/29/2012
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Virginia 2013 Regular Session
Criminal history record information check; concealed handgun permittees. [HB-2342]
Criminal history information background check; concealed handgun permittees. Requires that the Department of State Police shall provide an expedited process by which a resident of the Commonwealth who presents a validly-issued Virginia concealed handgun permit may receive a criminal history information background check upon the purchase of a firearm.
Sponsored by: Rep. L. Scott Lingamfelter
Left In Militia, Police And Public Safety on 02/06/2013
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Virginia 2013 Regular Session
Criminal conviction; appeals to Court of Appeals, etc.,based on erroneously admitted evidence. [HB-2338]
Erroneously admitted evidence; appeal. Provides that when a criminal conviction 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 conviction. If the reviewing court determines that evidence was erroneously admitted and that such error was not harmless, the case must be remanded for a new trial if the Commonwealth so elects.
Sponsored by: Rep. Jackson Miller
Governor: Acts Of Assembly Chapter Text (chap0675) on 03/21/2013
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Virginia 2013 Regular Session
Eminent domain; current assessed value of real property, tax assessments. [HB-2306]
Eminent domain; just compensation; tax assessments. Provides that just compensation paid for real property taken pursuant to eminent domain shall not be less than the greater of (i) the appraisal of the fair market value of such property, if such an appraisal is required, or (ii) the current assessed value of such property for real estate tax purposes when the entire parcel for which the assessment has been made is to be acquired, provided that the property has not physically changed in a material and substantial since the current assessment was
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Sponsored by: Rep. David Ramadan
Governor: Acts Of Assembly Chapter Text (chap0764) on 04/03/2013
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Virginia 2013 Regular Session
Motor vehicle accident; satisfaction of judgments for damages, suspensions requested by creditor. [HB-2272]
Satisfaction of judgments; motor vehicle accident. Provides that a suspension of a judgment debtor's driver's license shall not extend (i) beyond 10 years from the date of judgment for any civil judgment obtained in a general district court or (ii) beyond 20 years from the date of judgment for any civil judgment obtained in a circuit court. The bill has a delayed effective date of January 1, 2014.
Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0598) on 03/20/2013
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Virginia 2013 Regular Session
Criminal history record information checks, etc.; dissemination of information. [HB-2240]
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 a National Instant Criminal Background check to determine a person's eligibility to possess or purchase a firearm under state or federal law.
Sponsored by: Sen. John Cosgrove
Left In Militia, Police And Public Safety on 02/06/2013
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Virginia 2013 Regular Session
Physician, licensed, etc.; may perform procedure for physical evidence recovery kit examination. [HB-2120]
Individual incapable of making an informed decision; procedure for physical evidence recovery kit examination. Authorizes a licensed physician, physician assistant, nurse practitioner, or registered nurse to perform a physical evidence recovery kit examination for a person who is believed to be the victim of a sexual assault and who is incapable of making an informed decision regarding consent to such examination when there is a need to conduct the examination, no legally authorized representative is available to provide consent, and a capacity
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Sponsored by: Rep. Charniele Herring
Governor: Acts Of Assembly Chapter Text (chap0441) on 03/16/2013
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Virginia 2013 Regular Session
Human trafficking hotline; posted notices, etc. [HB-2061]
Human trafficking hotline; posted notices. Provides that any employer who operates a truck stop and who fails to post a notice, in the same location where other employee notices required by state or federal law are posted, of the existence of a human trafficking hotline is subject to a civil penalty of $100. A civil penalty shall not be assessed until after 72 hours' notice of such failure. No such civil penalties shall be assessed prior to January 1, 2014. The measure also clarifies that civil penalties are to be assessed by the Department of
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Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0304) on 03/13/2013
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Virginia 2013 Regular Session
Firearms; requires background check for any purchase. [HB-2025]
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 any other person is guilty of a Class 1 misdemeanor.
Sponsored by: Rep. Vivian Watts
Left In Militia, Police And Public Safety on 02/06/2013
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Virginia 2013 Regular Session
Trespasser; possessor of real property not liable for injury, exception. [HB-2004]
Liability for injury to trespasser. Provides that the possessor of real property owes no duty of care to a trespasser except in those circumstances where a common law right of action, statutory right of action, or judicial exception existed as of July 1, 2013.
Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0217) on 03/12/2013
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Virginia 2013 Regular Session
Automated external defibrillators; immunity for owner who maintains an AED located on real property. [HB-1988]
Automated external defibrillators; immunity. Provides that a person who maintains an automated external defibrillator (AED) located on real property owned or controlled by such person shall not be civilly liable for any personal injury resulting from the use of the AED in an emergency, unless such personal injury results from gross negligence or willful or wanton misconduct of the person who maintains the AED or his agent or employee.
Sponsored by: Rep. Mark Sickles
Governor: Acts Of Assembly Chapter Text (chap0300) on 03/13/2013
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Virginia 2013 Regular Session
Criminal history record information; unauthorized sale, publication, etc. [HB-1914]
Unauthorized sale, publication, etc., of criminal history record information. Provides that any person who sells, offers for sale, publicizes, or offers for publication the criminal history record information of another person pertaining to that other person's arrest or charge for a criminal offense more than 120 days after the State Police has confirmed to the person charged or arrested that such information has been expunged when the person selling, offering for sale, etc., knows or has reason to know that the information has been expunged shall
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Sponsored by: Rep. George Loupassi
Left In Courts Of Justice on 02/05/2013