Civil Remedies And Procedure
Virginia 2011 Regular Session
Garnishment; clarifies person's earnings that may be subject thereto including deposits into bank. [HB-1925]
Garnishment; earnings. Clarifies that a person's earnings that may be subject to garnishment include earnings deposited into a bank, credit union, or financial institution on the person's behalf and includes earnings that have been commingled with nonexempt funds.
Sponsored by: Rep. Robin Abbott
House: Passed By Indefinitely In Courts Of Justice (14-y 7-n) on 01/31/2011
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Gettr Virginia 2011 Regular Session
Criminal history records; supplied at no charge for volunteers with Boy Scouts of America, etc. [HB-1923]
Dissemination of criminal history records. Provides that criminal history record information shall be supplied at no charge to a person who has applied to be a volunteer with the Boy Scouts of America, Girls Scouts of the United States of America, Boys & Girls Clubs of America, Inc., or any youth athletic league.
Sponsored by: Rep. Robin Abbott
House: Left In Courts Of Justice on 02/08/2011
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Virginia 2011 Regular Session
Immunity of officers, etc., of nonprofit organizations; termination, etc., of corporation. [HB-1877]
Immunity of officers, etc. of nonprofits; dissolution. Provides that the immunity from civil liability the directors and other officers of tax exempt organizations enjoy for acts taken in their official capacities shall survive the termination, cancellation, or other discontinuance of the organization.
Sponsored by: Rep. Eileen Filler-Corn
Governor: Acts Of Assembly Chapter Text (chap0693) on 03/26/2011
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Virginia 2011 Regular Session
Criminal background checks; DBHDS to use for employment of certain persons. [HB-1729]
Background checks; providers licensed by DBHDS. Allows community services boards and providers licensed by the Department of Behavioral Health and Developmental Services to hire for compensation a person who has been convicted of not more than one offense of assault and battery of a law-enforcement officer under §18.2-57, or an equivalent offense in another if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the offense was committed in another state; (ii) more than 10 years
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Sponsored by: Sen. Charles Carrico
Governor: Acts Of Assembly Chapter Text (chap0657) on 03/26/2011
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Virginia 2011 Regular Session
Uniform Commercial Code; negotiable instruments and bank deposits and collections. [HB-1718]
Uniform Commercial Code; negotiable instruments and bank deposits and collections. Updates Articles 3 (Negotiable Instruments) and 4 (Bank Deposits and Collections) of the UCC to reflect court decisions and advances in technology. The amendments cover the following topics: payment and discharge, telephonically generated checks, electronic communications, and consumer notices. The amendments to Articles 3 and 4 were completed by the Uniform Law Commissioners, in conjunction with the American Law Institute, in 2002 and have been enacted in 10 states.
Sponsored by: Rep. Donald Merricks
Senate: Left In Commerce And Labor on 02/22/2011
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Virginia 2011 Regular Session
Criminal history record information; Department of Rehabilitative Services to obtain for employment. [HB-1707]
Criminal history record information; certain agencies. Authorizes the Department of Rehabilitative Services and the Department for the Blind and Vision Impaired to obtain criminal history record information for the purpose of evaluating an individual's fitness for various types of employment and for the purpose of delivering comprehensive vocational rehabilitation services that will assist the individual in obtaining employment.
Sponsored by: Rep. Donald Merricks
Governor: Acts Of Assembly Chapter Text (chap0449) on 03/24/2011
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Virginia 2011 Regular Session
Judicial records; admissibility into evidence. [HB-1706]
Admissibility of judicial records. Provides that the relevant provisions of §8.01-389, and no other section, govern the admissibility into evidence of records of judicial proceedings and any other official records of any court of the Commonwealth. The bill also provides for what constitutes sufficient certification of a record by the clerk. This bill is in response to the decision of the Supreme Court of Virginia in Waller v. Commonwealth, 278 Va. 731, 685 S.E.2d 48 (2009).
Sponsored by: Rep. Donald Merricks
House: Failed To Pass In House on 02/27/2011
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Virginia 2011 Regular Session
Products liability; when cause of action accrues. [HB-1664]
Products liability; when cause of action accrues. Provides that a cause of action for personal injury based on products liability accrues from the later of the date of the injury or the date that the product defect is publicized by the product's maker.
Sponsored by: Sen. Kenneth Alexander
House: Left In Courts Of Justice on 02/08/2011
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Virginia 2011 Regular Session
Offers of judgment; costs. [HB-1640]
Offers of judgment; costs. Provides that a party defending a claim may serve upon an adverse party not less than 10 days before trial an offer to allow judgment to be taken against him on specified terms, including the costs then accrued. An offer of judgment may also be made by a party whose liability to another has been determined, but where the extent of his liability is to be determined in a subsequent proceeding. If the offer is accepted, the court shall enter the judgment. If the offer is not accepted, and the adverse party does not obtain
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Sponsored by: Rep. John O'Bannon
House: Left In Courts Of Justice on 02/08/2011
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Virginia 2011 Regular Session
Landlord and tenant laws; service of process may be accomplished by a sheriff, etc. [HB-1611]
Landlord and tenant laws. Provides that localities must have a uniform set of standards as provided in the Statewide Building Code for smoke detectors, and tenants must maintain smoke detectors; prohibits tenants from painting or altering a dwelling unit without the prior written approval of the landlord; and allows a private process server to serve process. The bill also allows a landlord to take legal action against a relocated tenant for noncompliance during the relocation; and in cases involving a deceased tenant, authorizes the landlord to
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Sponsored by: Sen. Rosalyn Dance
Governor: Acts Of Assembly Chapter Text (chap0766) on 04/06/2011
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Virginia 2011 Regular Session
Jurisdictional limits of courts; increases maximum civil limit of general district courts. [HB-1590]
Jurisdictional limits of courts. Increases from $15,000 to $25,000 the maximum civil jurisdictional limit of general district courts. This bill incorporates
Sponsored by: Rep. Sal Iaquinto
Governor: Acts Of Assembly Chapter Text (chap0014) on 02/25/2011
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Virginia 2011 Regular Session
Child support; court shall make a determination and enter an order containing such determination. [HB-1585]
Determinations of child support. Provides that a court shall make a determination of child support and enter an order to that effect at the initial court date on any initial petition for support, provided that the court has sufficient evidence to make such a determination, if the petitioner demonstrates that he (i) has physical custody of the child for whom support is being sought and (ii) has personally served the respondent with the petition or the respondent appears in person at the initial hearing. The bill also provides that the court may,
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Sponsored by: Rep. Terry Kilgore
Senate: Passed By Indefinitely In Courts Of Justice (12-y 0-n) on 02/14/2011
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Virginia 2011 Regular Session
General district court; civil jurisdiction in actions of unlawful entry or detainer. [HB-1534]
Civil jurisdiction in actions of unlawful entry or detainer in general district court. Provides that claims, counter-claims, and cross-claims filed in actions for unlawful entry or detainer are not subject to the maximum jurisdictional limit of $15,000 applicable in general district court regardless of the purpose for which the occupant is using the premises. Under current law, such claims, counter-claims, and cross-claims are not subject to the maximum jurisdictional limit of $15,000 applicable in general district court only if the occupant is
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Sponsored by: Rep. Beverly Sherwood
Governor: Acts Of Assembly Chapter Text (chap0076) on 03/14/2011
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Virginia 2011 Regular Session
Firefighters; exemption from jury service. [HB-1527]
Exemption from jury service; firefighters. Provides that any person who is the only person performing services for a political subdivision as a firefighter and whose services are so essential to the operations of the political subdivision that such political subdivision will suffer an undue hardship in carrying out such services if such person is required to perform jury duty shall be exempt from jury service if he so requests.
Sponsored by: Rep. L. Kaye Kory
Governor: Acts Of Assembly Chapter Text (chap0389) on 03/23/2011
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Virginia 2011 Regular Session
Homestead exemption; increases from $5,000 to $15,000 for every householder. [HB-1494]
Homestead exemption. Increases from $5,000 to $15,000 the homestead exemption for every householder.
Sponsored by: Sen. Rosalyn Dance
House: Incorporated By Courts Of Justice (hb1422-albo) By Voice Vote on 01/31/2011
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Virginia 2011 Regular Session
Sexual abuse; limitations period. [HB-1476]
Torts; sexual abuse; limitations period. Extends the limitations period for actions for sexual abuse committed during the infancy or incapacity of the abused person from two years to 20 years from the time of the removal of the infancy or incapacity or from the time the cause of action otherwise accrues.
Sponsored by: Rep. Vivian Watts
Governor: Acts Of Assembly Chapter Text (chap0617) on 03/26/2011
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Virginia 2011 Regular Session
Homestead and other exemptions; exemption of real or personal property. [HB-1471]
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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Sponsored by: Rep. Mark Cole
House: Incorporated By Courts Of Justice (hb1422-albo) By Voice Vote on 01/31/2011
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Virginia 2011 Regular Session
Medical malpractice; increases cap on recovery in actions against health care providers. [HB-1459]
Remedies; limitation on recovery in certain medical malpractice actions. Increases from $2 million to $2.05 million, on July 1, 2012, the cap on the recovery in actions against health care providers for medical malpractice. Thereafter, the cap is increased by $50,000 annually with the last increase on July 1, 2031.
Sponsored by: Rep. John O'Bannon
Governor: Acts Of Assembly Chapter Text (chap0758) on 04/06/2011
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Virginia 2011 Regular Session
Juvenile court deferral and dismissal; cases ineligible for expungement of records. [HB-1448]
No expungement for juvenile court deferral and dismissal. Provides that a delinquency or traffic proceeding case that is dismissed in Juvenile and Domestic Relations District Court following the satisfaction of terms and conditions of a deferred judgment is not eligible for expungement. Under current law, a person who has been the subject of such a proceeding who has been found innocent thereof, or for whom such proceeding was otherwise dismissed, may file a motion requesting the destruction of all records pertaining to the charge.
Sponsored by: Rep. Thomas Greason
House: Left In Courts Of Justice on 02/08/2011
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Virginia 2011 Regular Session
Virginia Fraud Against Taxpayers Act; waiver of sovereign immunity. [HB-1399]
Virginia Fraud Against Taxpayers Act; waiver of sovereign immunity. Provides that the Virginia Fraud Against Taxpayers Act expressly waives sovereign immunity and creates a cause of action for an employee of the Commonwealth, its agencies, or any political subdivision against such entity if an adverse employment action is taken against the employee by his employer because the employee has opposed any practice by his employer prohibited by the Act or participated in an investigation, action, or hearing under the Act. Any relief awarded to an employee
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Sponsored by: Rep. William Janis
Governor: Acts Of Assembly Chapter Text (chap0651) on 03/26/2011