Civil Remedies And Procedure
Virginia 2012 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.
Spread the world
Gettr Virginia 2012 Regular Session
Judgment; payee, etc., may appoint substitute for any attorney-in-fact authorized to confess. [SB-416]
Confession of judgment by a substitute attorney-in-fact. Allows a payee, obligee, or person otherwise entitled to payment under any note or bond to appoint a substitute for any attorney-in-fact authorized to confess judgment. The substitute attorney-in-fact must be specifically named in the instrument appointing the substitute attorney-in-fact, and the instrument must be recorded and indexed. If the note or bond does not provide notice informing the debtor that a substitute attorney-in-fact may be appointed, then, within 10 days after the instrument
(continued...)
Spread the world
Virginia 2012 Regular Session
Motor vehicle accidents; satisfaction of judgments for damages, suspensions requested by creditor. [SB-365]
Judgments for motor vehicle accident damages; orders for suspension. 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.
Spread the world
Virginia 2012 Regular Session
Winter Sports Safety Act; limits liability of ski resorts and other winter sports area operators. [SB-246]
Winter Sports Safety Act. Limits the liability of ski resorts and other winter sports area operators when death, personal injury, or property damage is caused by an inherent risk of participating in a winter sport. Winter sports area operators are required to post warning signs notifying participants that they assume the risk of participating in a winter sport. The Act sets out the duties and responsibilities of both winter sports participants and operators. Participants are presumed to have known the inherent risks of a winter sport, to have fully
(continued...)
Spread the world
Virginia 2012 Regular Session
Forensic evidence; delay in collecting for sexual assault cases. [SB-205]
Collection of forensic evidence; consent. Allows the collection of forensic evidence in cases of suspected sexual assault where the alleged victim may not be legally capable of giving consent.
Spread the world
Virginia 2012 Regular Session
Mortgage lenders and mortgage brokers; criminal background checks. [SB-124]
Mortgage Lender and Mortgage Broker Act; criminal background checks. Conforms provisions of Virginia's laws regarding licensure of mortgage lenders and mortgage brokers to the practice of conducting criminal background checks through the Nationwide Mortgage Licensing System and Registry. The measure eliminates an existing provision that allows a mortgage lender's or mortgage broker's members, senior officers, directors, and principals to avoid a criminal background check during the licensing phase by acquiring a licensee after the license has been
(continued...)
Spread the world
Virginia 2012 Regular Session
Homestead exemption; increases if householder is 65 years of age or older. [HB-993]
Homestead exemption. Raises the homestead exemption from $5,000 to (i) $25,000, (ii) 20 percent of the property's tax-assessed value, or (iii) 40 percent of the property's tax-assessed value if the householder is 65 years of age or older. The bill requires that the real or personal property subject to the exemption be claimed as the householder's homestead.
Spread the world
Virginia 2012 Regular Session
Shoplifting and employee theft; merchant allowed to recover damages under certain circumstances. [HB-961]
Shoplifting and employee theft; civil action. Provides that a civil action for shoplifting or employee theft may be initiated or maintained by a merchant even though a criminal action for the same conduct has been initiated; however, such civil action may not be initiated during the pendency of a criminal prosecution based on the same allegations of fact. A merchant may not recover more than the value of the merchandise, or more than the unpaid retail value of the merchandise if it is not recovered in a merchantable condition, for the same loss
(continued...)
Spread the world
Virginia 2012 Regular Session
Habeas corpus; oral argument on motion. [HB-915]
Habeas corpus; oral argument on the motion. Provides that in habeas corpus actions, oral argument on any motion shall be heard only at the request of the court. The court shall rule on the record whenever possible.
Spread the world
Virginia 2012 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.
Spread the world
Virginia 2012 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.
Spread the world
Virginia 2012 Regular Session
Judgments; statute of limitations. [HB-755]
Statute of limitations; judgments of the Commonwealth. Exempts judgments in favor of the Commonwealth from the 20-year limitations period for enforcement of a judgment and the 10-year period for the enforcement of a lien of a judgment.
Spread the world
Virginia 2012 Regular Session
Interest on appeal; computed from date of filing notice of to date appellate court issues mandate. [HB-681]
Interest on appeal. Adds specificity to the description of the time period for which interest is paid on a judgment affirmed by an appellate court to provide that interest is computed from the date of filing the notice of appeal to the date the appellate court issues its mandate.
Spread the world
Virginia 2012 Regular Session
Driving under influence of alcohol; award of exemplary damages. [HB-680]
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 both 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 test was performed. Currently, only the defendant's BAC at the time of the incident is considered.
Spread the world
Virginia 2012 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.
Spread the world
Virginia 2012 Regular Session
Judgment; payee, etc., may appoint substitute for any attorney-in-fact authorized to confess. [HB-648]
Confession of judgment by a substitute attorney-in-fact. Allows a payee, obligee, or person otherwise entitled to payment under any note or bond to appoint a substitute for any attorney-in-fact authorized to confess judgment. The substitute attorney-in-fact must be specifically named in the instrument appointing the substitute attorney-in-fact, and the instrument must be recorded and indexed. If the note or bond does not provide notice informing the debtor that a substitute attorney-in-fact may be appointed, then, within 10 days after the instrument
(continued...)
Spread the world
Virginia 2012 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.
Spread the world
Virginia 2012 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.
Spread the world
Virginia 2012 Regular Session
Teachers of online courses and college partnership laboratory schools; background checks. [HB-577]
Teachers of online courses and college partnership laboratory schools; background checks. Clarifies that teachers of online courses and in college partnership laboratory schools shall, as a condition of employment requiring direct contact with students, provide written consent and the necessary personal information to obtain a search of the registry of founded complaints of child abuse and neglect maintained by the Department of Social Services.
Spread the world
Virginia 2012 Regular Session
Indemnifying bond; not required of Commonwealth. [HB-521]
Indemnifying bond; not required of Commonwealth. Clarifies that the Commonwealth is not required to give an indemnifying bond that an authority may require before levying an attachment, writ of fieri facias, or warrant of distress on property if such authority doubts whether the property is subject to such levy.