Civil Remedies And Procedure
Virginia 2012 Regular Session
Deferred disposition; trial court shall announce judgment within 72 hours of guilt phase of trial. [HB-51]
Deferred disposition in a criminal case. Provides that except as otherwise provided in law, a trial court presiding in a criminal case shall, unless all parties agree to a waiver of the requirement, announce a judgment of, or enter an order of, conviction or acquittal within 72 hours of the conclusion of the guilt phase of the trial. The bill also provides that if circumstances requiring delay exist, the court may, upon notice to the parties, delay announcement of the verdict or entry of the order for 21 additional days.
Sponsored by: Rep. David Albo
House: Incorporated By Courts Of Justice on 01/30/2012
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Shelters of last resort; civil immunity during disasters. [HB-503]
Shelters of last resort; immunity. Provides civil immunity, except in cases of gross negligence or willful misconduct, to persons who own or control property used as a shelter of last resort in response to a disaster. A shelter of last resort is defined as a place of refuge that provides short-term protection for persons who have been displaced by a disaster, but does not necessarily provide life-sustaining services. Such immunity only attaches if a request to use such property as a shelter of last resort was made by the Virginia Department of
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Sponsored by: Sen. Rosalyn Dance
House: Left In Courts Of Justice on 02/14/2012
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Virginia 2012 Regular Session
Persons acting in defense of property; civil immunity provided for an occupant of dwelling, etc. [HB-47]
Immunity for persons acting in defense of persons. Provides civil immunity for an occupant of a dwelling who injures or kills another while engaged in the defense of his dwelling when (i) the other person has unlawfully entered the dwelling and committed an overt act toward the occupant or another person in the dwelling and (ii) the occupant reasonably believes that he or another person in the dwelling is in imminent danger of bodily injury.
Sponsored by: Rep. Richard Bell
House: Stricken From Docket By Courts Of Justice By Voice Vote on 01/30/2012
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Virginia 2012 Regular Session
School records; self-authentication. [HB-424]
School records; self-authentication. Provides that school records shall be admissible in any matter where such records are material and otherwise admissible, provided that they are authenticated as true and accurate copies by the custodian of the records or by the person to whom the custodian reports, if they are different. Currently, such authenticated school records are only admissible in cases involving custody of the student or termination of parental rights.
Sponsored by: Rep. David Bulova
Governor: Acts Of Assembly Chapter Text (chap0499) on 04/04/2012
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Virginia 2012 Regular Session
Condominium and Property Owners' Association Acts; recovery of costs and interest. [HB-411]
Condominium and Property Owners' Association Acts; recovery of costs and interest. Requires the award to the prevailing party in an action brought under the Condominium and Property Owners' Association Acts for noncompliance with the declaration of reasonable attorney fees, costs expended in the matter, and interest on the judgment. In cases where the prevailing party is the association in an action against an owner for nonpayment of assessments and, except for the instant case, the owner has not previously been in arrears in the payment of assessments,
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Sponsored by: Rep. Vivian Watts
House: Stricken From Docket By General Laws By Voice Vote on 02/02/2012
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Virginia 2012 Regular Session
Criminal history record information check; record check to be performed on prospective transferee. [HB-364]
Transfer of firearms; criminal 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 gun show provide vendors with access to licensed dealers who will conduct the criminal history record information check.
Sponsored by: Sen. Jennifer McClellan
House: Left In Militia, Police And Public Safety on 02/14/2012
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Virginia 2012 Regular Session
Garnishment; corrects form listing exemptions. [HB-362]
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.
Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0023) on 02/28/2012
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Virginia 2012 Regular Session
Garnishment, previous; allows costs incurred by judgment creditor are chargeable to judgment debtor. [HB-286]
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.
Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0409) on 03/30/2012
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Virginia 2012 Regular Session
District court; appeal of judgment in civil case to circuit court. [HB-284]
Record on appeal from district court. Provides that, upon the appeal of a district court judgment in a civil case to circuit court, only the original warrants or pleadings with the judgment endorsed thereon and all other pleadings filed in the case shall be transmitted to the circuit court. All other materials contained in the case file, including all other documents, exhibits, or papers, shall be retained by the district court. Currently, the district court transfers all materials to the circuit court in the event of an appeal.
Sponsored by: Rep. Sal Iaquinto
House: Tabled In Courts Of Justice By Voice Vote on 02/10/2012
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Virginia 2012 Regular Session
Shoplifting and employee theft; civil action. [HB-281]
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. A merchant may not recover more than once for the same loss if both criminal and civil actions are initiated.
Sponsored by: Rep. Sal Iaquinto
House: Left In Courts Of Justice on 02/14/2012
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Virginia 2012 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
House: Continued To 2013 In Militia, Police And Public Safety By Voice Vote on 02/03/2012
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Virginia 2012 Regular Session
Persons acting in defense of property; civil immunity provided for an occupant of dwelling, etc. [HB-14]
Immunity for persons acting in defense of property. Provides civil immunity for an occupant of a dwelling who uses any degree of physical force while engaged in the defense of his dwelling when (i) the other person has unlawfully entered the dwelling and committed an overt act toward the occupant or another person in the dwelling and (ii) the occupant reasonably believes that he or another person in the dwelling is in imminent danger of bodily injury.
Sponsored by: Rep. L. Scott Lingamfelter
Senate: Failed To Report (defeated) In Courts Of Justice (7-y 8-n) on 02/15/2012
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Virginia 2012 Regular Session
Court distributions; dollar limits. [HB-134]
Court distributions; dollar limits. Increases from $15,000 to $25,000 the amount of money or property that a court may distribute without the necessity of qualification as a fiduciary in cases involving (i) funds paid into court and (ii) funds or property due a person under a disability for whom a fiduciary has not been appointed. The bill also increases from $15,000 to $25,000 the amount of money or property that a fiduciary may distribute upon approval of the commissioner of accounts. The bill also authorizes the circuit courts to allow a fiduciary
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Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0043) on 03/01/2012
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Virginia 2012 Regular Session
Writ of actual innocence; person convicted of felony may petition Supreme Court. [HB-1278]
Petitions for writs of actual innocence. Provides that for petitions for writs of actual innocence in the case of both biological and nonbiological evidence, each may be brought for any felony and upon any plea. The bill also provides that, for both writs, the petitioner shall allege that the new evidence (had it been available at trial) would have created in a rational trier of fact reasonable doubt as to the guilt of the petitioner as opposed to the current required allegation that the evidence "will prove that no rational trier of fact could
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Sponsored by: Sen. Joseph Morrissey
House: Left In Courts Of Justice on 02/14/2012
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Virginia 2012 Regular Session
Foreign service workers and military; exemptions from jury service [HB-1201]
Exemptions from jury service; foreign service workers; military. Provides that any member of the armed services of the United States or the diplomatic service of the United States who will be serving outside of the United States at the time of the jury service shall be exempt from such jury service upon request.
Sponsored by: Rep. David Bulova
Governor: Acts Of Assembly Chapter Text (chap0098) on 03/06/2012
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Virginia 2012 Regular Session
Human trafficking hotline; posted notices, civil penalty. [HB-1200]
Human trafficking hotline; posted notices. Provides that any employer who operates a business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad above or below the waist and who fails to post a specific notice in a clearly visible place on the premises thereof is subject to a $500 civil penalty. The notice provides the telephone number of the National Human Trafficking Resource Center hotline.
Sponsored by: Rep. James LeMunyon
Governor: Acts Of Assembly Chapter Text (chap0630) on 04/05/2012
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Virginia 2012 Regular Session
Public schools; administration of auto-injectable epinephrine. [HB-1156]
Public schools; administration of auto-injectable epinephrine. Provides that local school boards shall develop policies to maintain at least two auto-injectable epinephrine pens per school. The school nurse, or a trained and authorized school board employee if a nurse is unavailable, would be able to administer or provide auto-injectable epinephrine to a student with a prescription on file or a student believed to be having an anaphylactic reaction. Neither the school nurse nor the authorized and trained school board employee shall be liable for
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Sponsored by: Rep. John O'Bannon
House: Left In Education on 02/14/2012
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Virginia 2012 Regular Session
State Police, Department of; access to electronic evidence. [HB-1154]
Department of State Police; access to electronic evidence. Provides for access by the Department of State Police to certain electronic evidence, documentation, and related materials that may be physically located outside the Commonwealth but that may be accessed by insurance professionals conducting business within the Commonwealth. The bill also allows for the authentication of such records to make them admissible as business records.
Sponsored by: Rep. Charles Poindexter
Governor: Acts Of Assembly Chapter Text (chap0542) on 04/04/2012
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Virginia 2012 Regular Session
Threat assessment teams; authorized to receive health and criminal history records of students. [HB-1152]
Threat assessment teams; criminal history and juvenile records. Authorizes threat assessment teams established by private nonprofit institutions of higher education to receive health and criminal history records of students for the purposes of assessment and intervention.
Sponsored by: Rep. James Massie
Governor: Acts Of Assembly Chapter Text (chap0386) on 03/23/2012
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Virginia 2012 Regular Session
Garnishment; venue, garnishment without judgement debtor's social security number. [HB-1147]
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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Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0251) on 03/13/2012