Civil Remedies And Procedure
Virginia 2011 Regular Session
Adverse medical outcomes; pilot program created. [HB-306]
Disclosure of adverse medical outcomes; pilot program. Creates a pilot program to assess the creation of disclosure programs in health care facilities designed to facilitate disclosures of adverse medical outcomes between health care providers and patients. The Department of Health shall adopt guidelines concerning the standards for such disclosure programs. Participating health care facilities are required to assess any such program and make reports to the Department of Health. The pilot program sunsets on December 31, 2015.
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Gettr Virginia 2011 Regular Session
Newspapers; may petition circuit court for authority to publish legal notices and publications. [HB-282]
Court approval of newspapers used for legal notices and publications. Provides that a newspaper may petition the circuit court for the jurisdiction in which the newspaper is located or circulated for the authority to publish ordinances, resolutions, notices, or advertisements.
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Virginia 2011 Regular Session
Civil immunity; provided for persons acting in defense of property. [HB-2511]
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.
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Virginia 2011 Regular Session
Virginia Biased-Based Profiling & Traffic Statistics Reporting Act; officers to record certain data. [HB-2466]
Virginia Biased-Based Profiling and Traffic Statistics Reporting Act. Requires state and local police officers to record certain data regarding motor vehicle stops, and report this information to the Department of State Police. The Department of State Police is required to develop a statewide database to analyze the data to determine the existence and prevalence of biased-based profiling in the Commonwealth. The Superintendent of State Police is required to report annually on the findings of the analysis to the Governor, the General Assembly, and
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Virginia 2011 Regular Session
Municipal utility services; notice of adverse judgment. [HB-2455]
Municipal utility services; notice of adverse judgment. Provides that when a court decision is entered against a locality holding that the locality has overcharged for utility services it provides, the locality must give notice of the decision to all users of such services who are potentially affected by the decision.
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Virginia 2011 Regular Session
Virginia Tort Claims Act; abolishes sovereign immunity up to maximum limits of statutory cap. [HB-2452]
Virginia Tort Claims Act; localities. Includes counties, cities, and towns under the provisions of the Virginia Tort Claims Act and thereby statutorily abolishes sovereign immunity for such localities up to the maximum limits of the statutory cap on damages.
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Virginia 2011 Regular Session
Homestead and other exemptions; exemption of real or personal property. [HB-2428]
Homestead and other exemptions. Raises the homestead exemption from real or personal property not exceeding $5,000 in value to personal property not exceeding $5,000 in value and real property not exceeding $25,000 in value. The bill also adds certain specific items of personal property to the list of what a debtor may hold exempt from creditor process and increases from $2,000 to $7,500 the value of an automobile that may be held as exempt. The bill also provides that the amount of certain exemptions shall be adjusted for inflation every three
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Virginia 2011 Regular Session
Firearms; civil immunity for employers who do not prohibit employees from storing in their vehicles. [HB-2380]
Firearms stored in employee vehicle; employer liability. Provides civil immunity for employers who do not prohibit their employees from storing a firearm in their vehicles while parked on the employer's property from damages resulting from the storage of such firearm.
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Virginia 2011 Regular Session
Medical malpractice; privileged communications of certain committees. [HB-2377]
Medical malpractice; privileged communications of certain committees. Provides that factual information, whether written or oral, regarding specific patient care and treatment, including patient care incidents occurring within a health care facility, are not subject to the privilege granted to certain committees and entities. Currently, oral communications regarding a specific incident regarding patient care are privileged if made more than 24 hours after the incident. The bill also provides that the privilege enjoyed by such committees and entities
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Virginia 2011 Regular Session
Medical malpractice; privileged communications of certain committees. [HB-2373]
Medical malpractice; privileged communications of certain committees. Provides that nothing in the statute governing privileged communications of certain health committees shall be construed as providing any privilege to any health care provider, emergency medical services agency, community services board, or behavioral health authority with respect to any factual information regarding specific patient health care or treatment, including patient health care incidents, whether oral, electronic, or written. However, the analysis, findings, conclusions,
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Virginia 2011 Regular Session
Cigarette butts; imposes civil penalty for improper disposal for each butt. [HB-2344]
Disposal of cigarette butts. Imposes a civil penalty of $100 for each cigarette butt that is improperly disposed of. The proceeds from the civil penalties will be deposited in the Litter Control and Recycling Fund.
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Virginia 2011 Regular Session
Healthcare Organizations, Joint Commission on Accreditation of; truncates references in Code. [HB-2305]
References to the Joint Commission on Accreditation of Healthcare Organizations. Truncates references in the Code to the "Joint Commission on Accreditation of Healthcare Organizations" to the "Joint Commission" to reflect the recent name change of the organization.
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Virginia 2011 Regular Session
Bulk Sales; repeals Title 8.6A of Code of Virginia which is considered obsolete. [HB-2206]
Title 8.6A; Uniform Commercial Code - Bulk Sales. Repeals Title 8.6A of the Code of Virginia, which is considered obsolete. It has been repealed in 45 states. The National Conference of Commissioners on Uniform State Laws states that there is no evidence that fraudulent bulk sales occur frequently enough or engender credit losses significant enough to require regulation of all bulk sales.
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Virginia 2011 Regular Session
Journalists; prohibits a body authority to issue a subpoena to testify regarding any information. [HB-2199]
Journalists as witnesses. Prohibits a body with the authority to issue a subpoena or other compulsory process from compelling a journalist to testify regarding or to produce or disclose in an official proceeding any confidential or nonconfidential information, document, or item obtained or prepared while the person was acting as a journalist or to produce or disclose in an official proceeding the source of any such material. The bill prohibits a subpoena or other compulsory process from compelling the parent, subsidiary, division, or affiliate of
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Virginia 2011 Regular Session
Adverse possession; abolition. [HB-219]
Adverse possession; abolition. Abolishes adverse possession as a cause of action or a defense if arising on or after July 1, 2010.
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Virginia 2011 Regular Session
Child care facility; some localities require certification from national criminal background check. [HB-2100]
Regulation of certain family day homes. Allows certain Northern Virginia localities to require persons who provide child-care services to provide certification from a national criminal background check in addition to other certifications that may be currently required.
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Virginia 2011 Regular Session
Statutory rules of evidence in civil actions; defines terms official publication and publish. [HB-2055]
Definitions for statutory rules of evidence in civil actions. Defines the terms "official publication," "publish," and "required to be published pursuant to the laws thereof" as they are used in Chapter 14 (Evidence) of Title 8.01 (Civil Remedies and Procedure).
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Virginia 2011 Regular Session
Child endangerment; willful act or omission, etc., to provide necessary care for child's health. [HB-1996]
Child endangerment; child abuse; penalty. Provides that any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or omission or refusal to provide any necessary care for the child's health maliciously causes or permits serious injury to the life or health of the child is guilty of a Class 3 felony. If the person is at least seven years older than the child and the child is less than 15 years of age, the person shall be punished by a term of imprisonment of five years to 30 years, five of which
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Virginia 2011 Regular Session
Court clerks' office; may transmit copies of orders for transfer of prisoners, etc. [HB-1973]
Efficiency of court clerks' offices. Provides that the person responsible for taking attendance when the potential jurors are assembled, and not the clerk, is responsible for verifying the identities of the jurors. The bill also allows clerks to transmit or make available electronically to the Director of the Department of Corrections copies of the order of trial and final order for persons sentenced to the Department. Finally, the bill provides that if a power of attorney that has been recorded is revoked, a clerk may require that the revocation
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Virginia 2011 Regular Session
Sewage disposal systems; locality to use licensed contractor to issue civil summonses. [HB-1969]
Sewage disposal systems; civil penalties. Allows localities to use a properly licensed contractor working on behalf of the locality to issue civil summonses for certain violations related to sewage disposal systems.