Civil Remedies And Procedure
Virginia 2008 Regular Session
Criminal history record information; adds definition of firearms show vendor. [HB-745]
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. This bill incorporates
Sponsored by: Rep. C. Charles Caputo House: Passed By Indefinitely In Militia, Police And Public Safety (15-y 7-n) on 01/18/2008
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Landlord and tenant; definition of application fee, etc. and manner of serving notice to tenants. [HB-720]
Landlord and tenant law; definitions; payment of rent; landlord remedies. Adds, among other things, a definition of "application fee," caps the fee at $50, and provides that such fee is nonrefundable. The bill also defines "written notice" as notice, including any representation of words, letters, symbols, numbers, or figures, whether (i) printed in or inscribed on a tangible medium or (ii) stored in an electronic form or other medium, retrievable in a perceivable form, and regardless of whether an electronic signature is affixed. In cases where
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Sponsored by: Rep. G. Glenn Oder Governor: Acts Of Assembly Chapter Text (chap0489) on 03/14/2008
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Virginia 2008 Regular Session
Temporary detention orders; admission as evidence. [HB-708]
Temporary detention orders; admission as evidence. Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records.
Sponsored by: Rep. William Janis Governor: Acts Of Assembly Chapter Text (chap0786) on 04/14/2008
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Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-67]
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: No sponsors House: Left In Transportation on 02/12/2008
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Virginia 2008 Regular Session
Evidence; defense motions to suppress. [HB-659]
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. H. Morgan Griffith House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
State Corporation Commission; introduction of evidence from certain experts. [HB-62]
State Corporation Commission; introduction of evidence. Requires the State Corporation Commission to establish rules that will allow an individual who has been certified as an expert to introduce evidence in a proceeding that involves either the rates of a public utility or the siting of an electric transmission line.
Sponsored by: Rep. Robert Marshall House: Left In Commerce And Labor on 02/12/2008
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Virginia 2008 Regular Session
Malpractice actions; limitations. [HB-616]
Malpractice actions; limitation. Extends the two-year limitations period for personal injury actions in malpractice cases arising out of the negligent failure to diagnose a malignant tumor or cancer or to communicate such diagnosis to the patient for a period of one year from the date the existence of a malignant tumor or cancer is communicated to the patient.
Sponsored by: Rep. Kristen Amundson Governor: Acts Of Assembly Chapter Text (chap0175) on 03/05/2008
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Virginia 2008 Regular Session
Hate crimes; adds homeless persons to categories of acts. [HB-610]
Hate crimes; homeless persons; penalty. Adds homeless persons to the categories of acts for which a person may seek injunctive relief or file an action for damages. The bill also adds homeless persons to the categories of victims whose intentional selection for a "hate crime" involving assault or trespass amplifies the Class 1 misdemeanor to a Class 6 felony penalty. The bill also adds homeless persons to the definition of "hate crime" for purposes of a central repository of information regarding hate crimes maintained by the State Police.
Sponsored by: Rep. Albert Eisenberg House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Criminal history record information; required for transfer of firearms. [HB-592]
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. This bill was incorporated into
Sponsored by: Rep. Vivian Watts House: Incorporated By Militia, Police And Public Safety (hb745-caputo) By Voice Vote on 01/18/2008
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Virginia 2008 Regular Session
Nurses, licensed; presumption of knowledge of statewide standard of care. [HB-584]
Presumption of knowledge of statewide standard of care; malpractice. Adds nurses, including nurses licensed by a state participating in the Nurse Licensure Compact, to those persons presumed to know the statewide standard of care in the field in which they are qualified or certified for purposes of medical malpractice actions or proceedings before a medical malpractice review panel.
Sponsored by: Sen. Dave Marsden Governor: Acts Of Assembly Chapter Text (chap0125) on 03/05/2008
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Virginia 2008 Regular Session
Medical records; fees for copying. [HB-551]
Medical records; fees for copying. Provides that the provisions that control the fees that may be charged for medical records in civil cases also apply with respect to Workers' Compensation Act proceedings.
Sponsored by: Rep. H. Morgan Griffith House: Continued To 2009 In Courts Of Justice By Voice Vote on 01/21/2008
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Virginia 2008 Regular Session
Immigration laws; immunity to State agencies and employees, etc. for authorized enforcement. [HB-51]
Immunity for enforcement of immigration laws. Provides immunity to agencies and employees of the Commonwealth and political subdivisions for the authorized enforcement of immigration laws. This bill was continued to the 2009 Regular Session of the General Assembly.
Sponsored by: Rep. L. Scott Lingamfelter House: Continued To 2009 In Rules By Voice Vote on 02/05/2008
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Virginia 2008 Regular Session
Medical malpractice; definition of professional services. [HB-501]
Medical malpractice; professional services. Defines the term "professional services in nursing homes" in the context of medical malpractice actions as services provided to a patient by a health care provider, including psycho-social services, personal hygiene, hydration, nutrition, fall assessments or interventions, patient monitoring, prevention and treatment of medical conditions, diagnosis or therapy. This bill is in response to the Supreme Court decision in Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37, 630 S.E.2d 301 (2006). This bill incorporates
Sponsored by: Rep. Vivian Watts Governor: Acts Of Assembly Chapter Text (chap0169) on 03/05/2008
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Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-50]
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: Rep. L. Scott Lingamfelter House: Left In Transportation on 02/12/2008
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Virginia 2008 Regular Session
Indecent exposure; penalty. [HB-491]
Elements of indecent exposure. Provides that any person who (i) intentionally makes an obscene display or exposure of his person, or the private parts thereof, in (a) any public place, or (b) any place where others may see him, intending to be seen by others, or (ii) procures another to so expose himself, is guilty of a Class 1 misdemeanor. The section previously provided that such person was guilty of indecent exposure if the display was done in any public place or in any place where others are present, and did not include the requirement that
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Sponsored by: Rep. David Albo House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Arrest or summons; charge for misdemeanor at discretion of law-enforcement officer. [HB-436]
Misdemeanor arrest or summons at discretion of law-enforcement officer. Gives a law-enforcement officer the choice of issuing a summons and releasing the person or arresting him for Class 1 and 2 misdemeanors. Under current law, the law-enforcement officer must release the person on a summons for most Class 1 and 2 misdemeanors unless the person fails to stop the unlawful act or indicates that he will not appear as directed in the summons. The bill also requires the officer to arrest the person if he fails to stop the unlawful act; currently arrest
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Sponsored by: Rep. Jackson Miller Senate: Passed By Indefinitely In Courts Of Justice (9-y 6-n) on 02/28/2008
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Virginia 2008 Regular Session
Website address; unauthorized use of person's name. [HB-409]
Unauthorized use of person's name in website address; damages. Provides that a person who uses the name of another in an internet website address without the written consent of such other person and with the intent to deceive the public that the website is owned, operated, or authorized by such other person is liable to that person for damages in the amount of $1,000 or three times the amount of actual damages, whichever is greater.
Sponsored by: Rep. L. Scott Lingamfelter House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Health care providers; those responding to disaster immune from liability. [HB-403]
Health care provider liability protections. Provides that, in the absence of gross negligence or willful misconduct, health care providers who respond to a disaster are immune from civil liability for any injury or wrongful death arising from the delivery or withholding of health care. This immunity only applies (i) if a state or local emergency has been or is subsequently declared in response to such a disaster, and (ii) if the emergency and subsequent conditions caused a lack of resources, attributable to the disaster, rendering the health care
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Sponsored by: Rep. Phillip Hamilton Governor: Acts Of Assembly Chapter Text (chap0121) on 03/05/2008
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Virginia 2008 Regular Session
Computer crimes; exclusion of evidence. [HB-386]
Computer crimes; exclusion of evidence. Provides that information or evidence acquired in violation of Article 7.1, dealing with computer crimes, of Chapter 5 of Title 18.2 may not be used as evidence in any civil or criminal trial or other proceeding.
Sponsored by: Rep. Lee Ware House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Medical advisory committees and consultants; privileged communications. [HB-382]
Medical advisory committees and consultants; privileged communications. Clarifies that information created by and shared with medical review or advisory committees is privileged and inadmissible in legal proceedings.
Sponsored by: Rep. John O'Bannon House: Continued To 2009 In Courts Of Justice By Voice Vote on 02/01/2008