Civil Remedies And Procedure
Virginia 2013 Regular Session
Students; care of those who have been diagnosed with diabetes. [HB-1377]
Care of students who have been diagnosed with diabetes. Requires the parents of any public school student who has been diagnosed with diabetes to designate in a diabetes care plan a delegated care aide to provide diabetes care for the student, including the administration of insulin and glucagon, when a school nurse or physician is not present in the school or at a school-sponsored activity. The bill also requires the delegated care aide to receive training in diabetes care and every school employee to receive basic training in responses to emergency
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Gettr Virginia 2013 Regular Session
Summary judgment; use of depositions. [HB-1374]
Summary judgment; use of depositions. Allows motions for summary judgment to be based, in whole or in part, upon depositions, answers to interrogatories, admissions in the proceedings, or affidavits. Currently, such motions cannot be based on depositions unless agreed to by the parties.
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Virginia 2013 Regular Session
Health care records; increases maximum copying fee that a health care provider may charge. [HB-1352]
Health care records; copying fees. Increases the maximum fee that a health care provider may charge for retrieving, reviewing, and preparing copies of patient records in response to a subpoena duces tecum or a request by the patient, his attorney, or his executor or administrator. The maximum fee is raised from $0.50 to $0.75 per page for up to 50 pages and from $0.25 to $0.50 per page for documents in excess of 50 pages. The bill also raises the maximum search and handling fee from $10 to $20.
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Virginia 2013 Regular Session
Public schools; possession and administration of epinephrine by local health department employee. [HB-1321]
Public schools; possession and administration of epinephrine. Requires local school boards to include in policies for the possession and administration of epinephrine a provision allowing any local health department employee approved by the local governing body to provide health services pursuant to §22.1-274 who is authorized and trained in the administration of epinephrine to administer the drug to any student believed to be having an anaphylactic reaction.
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Virginia 2013 Regular Session
Civil remedies; use of depositions. [HB-1138]
Civil remedies; use of depositions. Allows for motions for summary judgment to be based, in whole or in part, upon pleadings, depositions, answers to interrogatories, admissions on file, or affidavits. Currently, such motions cannot be based on depositions unless agreed to by the parties.
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Virginia 2013 Regular Session
Criminal history record information check; elimination of fees. [HB-1012]
Criminal history record information checks; elimination of fees. Eliminates the fees to be collected by licensed dealers for every firearms transaction that requires a criminal history record information check.
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Virginia 2012 Regular Session
Rules of Evidence; amendments or additions to Rule shall be adopted by Supreme Court of Va., etc. [SB-94]
Rules of Evidence; adoption. Provides that the Rules of Evidence that have been prepared and adopted by the Supreme Court of Virginia and approved by the Virginia Code Commission shall take effect on July 1, 2012. A rule derived from an evidentiary provision in the Code of Virginia shall note such Code section in the title of the rule. Subsequent amendments or additions to the Rules of Evidence must be adopted by the Supreme Court of Virginia by November 15 and shall become effective on July 1 of the following year unless the General Assembly modifies
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Virginia 2012 Regular Session
Garnishment; corrects form listing exemptions. [SB-89]
Exemptions from garnishment. Corrects the form listing garnishment exemptions by replacing the reference to "rent or services of a laborer or mechanic" with "spousal or child support" to reflect amendments made in 1990 (Acts, Ch. 942) that were never incorporated into the form. This bill also contains technical amendments. This bill is a recommendation of the Committee on District Courts.
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Virginia 2012 Regular Session
Death by wrongful act; whenever fetal death, natural mother may bring an action against person, etc. [SB-674]
Action for death by wrongful act; fetal death. Creates a cause of action for the death of a fetus caused by the wrongful act, neglect, or default of any person, ship, vessel, or corporation. The action shall be brought by the natural mother of the fetus or, in the event of the death or disability of the mother, the administrator of her estate, her guardian, or her personal representative. No cause of action for the death of the fetus may be brought against the natural mother of the fetus.
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Virginia 2012 Regular Session
Public schools; possession and administration of auto-injectable epinephrine. [SB-656]
Public schools; possession and administration of epinephrine. Requires local school boards to adopt and implement policies for the possession and administration of epinephrine in every school. The school nurse or a school board employee may administer the epinephrine to any student believed to be having an anaphylactic reaction. The bill also requires the Department of Health, in conjunction with the Department of Education and the Department of Health Professions, to develop and implement policies for the recognition and treatment of anaphylaxis
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Virginia 2012 Regular Session
Compensation for wrongful incarceration; eliminates 20-year maximum for calculating. [SB-655]
Compensation for wrongful incarceration. Eliminates 20-year maximum for calculating compensation for wrongful incarceration and allows those wrongfully incarcerated to be compensated for each year of incarceration.
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Virginia 2012 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.
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Virginia 2012 Regular Session
Appeals, Court of; abolishes Court effective October 1, 2012. [SB-630]
Courts of record; Court of Appeals. Abolishes the Court of Appeals effective October 1, 2012.
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Virginia 2012 Regular Session
Garnishment; venue, garnishment without judgement debtor's social security number. [SB-625]
Garnishment; venue. Provides that a judgment creditor may institute garnishment proceedings in the jurisdiction where the judgment debtor resides even though the underlying judgment was entered by another court. The judgment creditor must file with the court where the judgment debtor resides an abstract of the judgment rendered, pay all applicable court fees to the court, and file any release or satisfaction of judgment in both courts. The bill also clarifies that judgment creditors who have made a good faith effort to secure the judgment debtor's
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Virginia 2012 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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Virginia 2012 Regular Session
Injunctions; requirement for bond. [SB-59]
Injunctions; requirement for bond. Requires a moving party to post bond only for temporary injunctions. Under current law, a bond is required for both temporary and permanent injunctions. This bill is a recommendation of the Boyd-Graves Conference.
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Virginia 2012 Regular Session
Garnishment, previous; allows costs incurred by judgment creditor are chargeable to judgment debtor. [SB-561]
Previous garnishments; costs. Allows costs incurred by a judgment creditor in connection with a prior garnishment to be collected in a subsequent garnishment attempt that is based on the same judgment.
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Virginia 2012 Regular Session
Uniform Commercial Code; secured transactions. [SB-51]
Uniform Commercial Code; secured transactions. Incorporates amendments to the secured transactions title of the Uniform Commercial Code that have been adopted by the National Conference of Commissioners on Uniform State Laws. The amended sections (i) update certain definitions; (ii) incorporate safe harbor provisions for electronic chattel paper under the Uniform Electronic Actions Act; (iii) amend the laws of perfection and priority to increase the likelihood that a security interest will be perfected under certain conditions; (iv) set out the
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Virginia 2012 Regular Session
Virginia Fraud Against Taxpayers Act; regulation of medical assistance. [SB-451]
Virginia Fraud Against Taxpayers Act; regulation of medical assistance. Makes several changes to the Virginia Fraud Against Taxpayers Act (VFATA) and the laws governing the Attorney General's duties with regard to the regulation of medical assistance, including (i) exempting certain information furnished to the Attorney General from disclosure under the Virginia Freedom of Information Act, (ii) imposing a three-year statute of limitations on claims for employer retaliation under the VFATA, (iii) permitting the Attorney General to share information
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Virginia 2012 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.