Civil Remedies And Procedure
Virginia 2008 Regular Session
False academic credentials; creates civil cause of action for person who is damaged thereby. [SB-265]
False academic credentials. Creates a civil cause of action for persons who are damaged by a person who knowingly manufactures, issues, or uses a false academic credential to gain advantages in employment or education. Under current law there is a criminal penalty (Class 3 misdemeanor) for a person who materially falsifies or alters a transcript or diploma and fraudulently uses it for pecuniary gain.
Sponsored by: Sen. Creigh Deeds Senate: Left In Courts Of Justice on 02/13/2008
Spread the world
Gettr Virginia 2008 Regular Session
Residential Landlord and Tenant Act; duty of landlord and managing agent for visible mold. [SB-232]
Landlord and managing agent immunity for mold claims. Provides that landlords and managing agents are not liable for civil damages in an action for exposure to mold arising from the condition within the interior of a dwelling unit brought by a tenant, authorized occupant, or guest or invitee if the mold condition is caused solely by the negligence of the tenant. The bill also provides that managing agents with no maintenance responsibilities are not liable for damages unless the agents have actual knowledge of the mold condition and fail to disclose
(continued...)
Sponsored by: Sen. Ryan McDougle Governor: Acts Of Assembly Chapter Text (chap0341) on 03/11/2008
Spread the world
Virginia 2008 Regular Session
Judgment; assignment shall be noted upon judgment docket. [SB-23]
Assignment of judgment; docketing. Requires that an assignment of a judgment shall be noted upon the judgment docket. Such a notation is currently discretionary. If no notation is made, the judgment shall be considered satisfied.
Sponsored by: Sen. Roscoe Reynolds Senate: Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 01/21/2008
Spread the world
Virginia 2008 Regular Session
Foster care background check; fingerprints required for an individual with whom child may be placed. [SB-22]
Foster care background checks; fingerprints. Provides that the requirement that an individual with whom a child in foster care may be placed submit fingerprints for the purpose of obtaining criminal history record information may be waived if an officer of the Department of State Police determines that it is impossible for the individual to submit fingerprints or impossible for him to submit fingerprints that are legible for identification purposes.
Sponsored by: Sen. Roscoe Reynolds Senate: Stricken At Request Of Patron In Rehabilitation And Social Services (15-y 0-n) on 01/25/2008
Spread the world
Virginia 2008 Regular Session
Pleadings; naming represented person or fiduciary as party to an action. [SB-213]
Fiduciaries; naming represented person or fiduciary as the party to an action. Allows either the fiduciary, or the person being represented by the fiduciary, to be named as the party to the action without prejudicing the underlying action. This bill also applies to persons who are deemed to lack capacity due to mental defect.
Sponsored by: Sen. John Edwards Senate: Passed By Indefinitely In Courts Of Justice (14-y 0-n) on 01/21/2008
Spread the world
Virginia 2008 Regular Session
Medical services; State's lien for payment. [SB-17]
Commonwealth's lien for payment of medical services; reduction. Provides that in the event that the Commonwealth's lien against any recovery from a third party obtained by an injured person whose medical costs were paid in whole or in part by the Commonwealth is compromised under § 2.2-514, this lien shall be reduced by an amount proportionate to the costs, expenses, and attorney fees incurred by the injured person.
Sponsored by: Sen. John Edwards Senate: Continued To 2009 In Finance (13-y 1-n) on 02/05/2008
Spread the world
Virginia 2008 Regular Session
Community service landscaping program; VDOT Commissioner to establish. [SB-153]
VDOT maintenance; community service program. Requires the Commonwealth Transportation Commissioner to establish a program whereby nonviolent misdemeanants who have a suspended sentence or who are on probation will mow rights-of-way or perform other landscaping tasks that VDOT is responsible for. The bill also provides civil immunity for the officials who participate.
Sponsored by: Sen. Richard Stuart Governor: Acts Of Assembly Chapter Text (chap0688) on 04/14/2008
Spread the world
Virginia 2008 Regular Session
Evidence; destruction of trial exhibits. [SB-123]
Destruction of criminal exhibits. Provides that the trial court may not order the destruction or donation of exhibits used in evidence in felony cases without prior notice to the counsel for the parties and until expiration one year after all appeals or, if no appeal, one year after appellate remedies expire.
Sponsored by: Sen. John Edwards Governor: Acts Of Assembly Chapter Text (chap0805) on 04/14/2008
Spread the world
Virginia 2008 Regular Session
Service of process; cost of return. [SB-12]
Return of service of process; costs. Provides that if a sheriff who has received process or papers to be served by him fails to return service of process within 72 hours of effecting service, the party requesting service of process may elect to have process served by a private process server. The party shall give notice of such an election to the clerk's office that issued the process and the sheriff prior to making such an election. If, at the time such notice is received, return of service of process has still not been made, the sheriff shall
(continued...)
Sponsored by: Sen. Linda Puller Senate: Continued To 2009 In Courts Of Justice (12-y 0-n) on 01/30/2008
Spread the world
Virginia 2008 Regular Session
Criminal history record information; required for transfer of firearms. [SB-109]
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 adds a definition of "promoter" and requires that the promoter of a gun show provide vendors with access to licensed dealers who will conduct the criminal background check.
Sponsored by: Sen. Henry Marsh Senate: Rereferred By Letter To The Crime Commission on 01/23/2008
Spread the world
Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed on certain drivers. [SB-1]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers.
Sponsored by: Sen. John Petersen Governor: Acts Of Assembly Chapter Text Reprinted (chap0656) on 04/14/2008
Spread the world
Virginia 2008 Regular Session
Criminal street gangs; causing or encouraging acts rendering children delinquent. [HB-969]
Causing or encouraging acts rendering children delinquent; penalty. Provides that any person 18 years of age or older who engages in sexual intercourse with a child 15 years of age or older not his spouse, child, or grandchild as a part of initiation or recruitment into a criminal street gang is guilty of a Class 6 felony.
Sponsored by: Rep. Stephen Shannon House: Left In Courts Of Justice on 02/12/2008
Spread the world
Virginia 2008 Regular Session
Criminal Injuries Compensation Fund; physical evidence recovery kit examinations reimbursements. [HB-956]
Criminal Injuries Compensation Fund; PERK reimbursements. Allows the Fund to directly reimburse a health care provider for the costs of performing the physical evidence recovery kit (PERK) examinations used in cases of sexual assault. The defendant, upon conviction, is required to reimburse the Commonwealth. This bill is identical to
Sponsored by: Sen. Jennifer McClellan Governor: Acts Of Assembly Chapter Text (chap0251) on 03/06/2008
Spread the world
Virginia 2008 Regular Session
Evidence; defense motions to suppress. [HB-940]
Defense motions to suppress evidence. Requires that the grounds for defense objections or motions to suppress evidence based on violations of certain constitutional rights or unconstitutional statutes, be stated with particularity.
Sponsored by: Rep. C. Todd Gilbert House: Left In Courts Of Justice on 02/12/2008
Spread the world
Virginia 2008 Regular Session
Administrative orders; collection of interest. [HB-882]
Administrative orders; collection of interest. Provides that administrative orders will be able to provide for interest and fix the period at which the interest commences on any principal sum awarded. The bill would, in the interest context, treat administrative orders as if they were a verdict, judgment, or decree.
Sponsored by: Rep. George Loupassi Governor: Acts Of Assembly Chapter Text (chap0219) on 03/06/2008
Spread the world
Virginia 2008 Regular Session
Crowd control; authority to bring civil action against person who negligently fails to provide. [HB-851]
Failure to provide adequate crowd control. Expands existing authority to bring a civil action against a person who negligently fails to provide adequate security or crowd control at events that draw large crowds to include all cities and towns. This bill incorporates
Sponsored by: Rep. Robert Orrock House: Tabled In Counties, Cities And Towns (14-y 8-n) on 01/18/2008
Spread the world
Virginia 2008 Regular Session
Sex offender; affidavit as evidence when failure to register. [HB-830]
Affidavit as evidence of sex offender's failure to register; custodian of records. Provides that a person accused of failing to register or reregister as a sex offender may call, in any hearing or trial where an affidavit from the State Police stating the failure to register or reregister is admitted into evidence, the custodian of records issuing the affidavit as a witness. The custodian of records will be considered to be an adverse witness and he shall be summoned and appear at the cost of the Commonwealth.
Sponsored by: Rep. Terry Kilgore Governor: Acts Of Assembly Chapter Text (chap0218) on 03/06/2008
Spread the world
Virginia 2008 Regular Session
Zoning ordinance violation; action on which lis pendens is based. [HB-80]
Lis pendens; zoning ordinance violation. Provides that in actions to enforce a zoning ordinance, no lis pendens or attachment shall affect a bona fide purchaser of real or personal estate unless the memorandum of lis pendens recorded in the clerk's office contains a description of the alleged zoning violation. The bill also provides that a memorandum of lis pendens admitted to record in an action to enforce a zoning ordinance shall expire after 180 days. This bill is identical to
Sponsored by: No sponsors Governor: Acts Of Assembly Chapter Text (chap0060) on 03/04/2008
Spread the world
Virginia 2008 Regular Session
Retail Sales and Use Tax; Energy Star sales tax holiday. [HB-794]
Sales and use tax; Energy Star sales tax holiday. Removes the "purchased for noncommercial home or personal use" limitation from the Energy Star sales tax holiday beginning in 2008.
Sponsored by: Sen. Jennifer McClellan House: Continued To 2009 In Finance By Voice Vote on 02/04/2008
Spread the world
Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those paid, imposed on certain drivers, refund fees. [HB-747]
Civil remedial fees imposed on certain drivers. Repeals § 46.2-206.1 of the Code of Virginia, which provided for imposition of civil remedial fees on certain drivers. The bill further provides for refunds of any fees paid, with interest.
Sponsored by: Rep. C. Charles Caputo House: Left In Transportation on 02/12/2008