Civil Remedies And Procedure
Virginia 2008 Regular Session
Good Samaritan statute; immunity extends to those providing care at location for screening, etc. [HB-1294]
[Healthcare ]
[Public Health ]
[Public Safety ]
[Law Enforcement ]
Good Samaritan statute; where protection extends; what is considered compensation. Provides that immunity under the statute extends to those providing care at a location for screening or stabilization in addition to the scene of the accident and en route to the hospital. Also the bill clarifies that reimbursement for expenses is not considered compensation under the statute.
Sponsored by: Rep. L. Scott Lingamfelter Governor: Acts Of Assembly Chapter Text (chap0229) on 03/06/2008
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Gettr Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed certain drivers. [HB-1291]
[Transportation and Motor Vehicles ]
[Law Enforcement ]
[Public Safety ]
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. Clifford L. Athey House: Left In Transportation on 02/12/2008
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Virginia 2008 Regular Session
Medical Malpractice Settlement Offer and Recovery Act; established. [HB-1282]
[Healthcare ]
[Law Enforcement ]
[Public Safety ]
[Consumer Protection ]
[Insurance ]
[Criminal Justice ]
Medical Malpractice Settlement Offer and Recovery Act. Provides that a defendant in a medical malpractice case may make an irrevocable settlement offer within 180 days after responsive pleadings were filed. The offer shall provide for the payment of the plaintiff's net compensatory damages and attorney fees in an amount equal to 10 percent of these damages, however it shall not provide for punitive or exemplary damages. The plaintiff has 30 days to accept or reject the offer. If the offer is rejected, the plaintiff's case proceeds with the increased
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Sponsored by: Rep. L. Scott Lingamfelter House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Individual retirement accounts (IRAs); exemption from civil judgments. [HB-1256]
[Finance ]
[Retirement ]
[Consumer Protection ]
Protection of IRAs from civil judgment; $750,000. Provides that an individual's interest in an IRA, up to $750,000, is exempt from creditor process including civil judgments.
Sponsored by: Sen. Dave W. Marsden House: Left In Courts Of Justice on 02/12/2008
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Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed on certain drivers. [HB-1243]
[Transportation and Motor Vehicles ]
[Budget and Spending ]
[Consumer Protection ]
[Law Enforcement ]
[Public Safety ]
Civil remedial fees on certain drivers. Repeals § 46.2-206.1, which provides for the imposition of civil remedial fees on certain drivers. The bill provides for the Comptroller to issue a refund to persons who have already paid all or part of the civil remedial fees ordered to be paid by a court. It directs the court clerk of the court that ordered the fees and the Department of Motor Vehicles to credit the accounts of persons who still owe civil remedial fees so as to indicate that the fees have been paid and are no longer outstanding. The
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Sponsored by: Rep. L. Scott Lingamfelter Governor: Acts Of Assembly Chapter Text Reprinted (chap0657) on 04/14/2008
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Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those imposed certain drivers. [HB-1231]
[Transportation and Motor Vehicles ]
[Law Enforcement ]
[Public Safety ]
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. Margaret E. Vanderhye House: Left In Transportation on 02/12/2008
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Virginia 2008 Regular Session
Mental health and substance abuse treatment providers; background checks. [HB-1203]
[Mental Health ]
[Healthcare ]
[Crime ]
[Public Safety ]
[Criminal Justice ]
[Law Enforcement ]
[Human Services ]
[Overdose Prevention ]
Mental health and substance abuse treatment providers; background checks. Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs a person who has been convicted of a misdemeanor violation relating to assault and battery as long as such offenses were substantially related to substance abuse or mental illness and the applicant has been rehabilitated. This bill is identical
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Sponsored by: Rep. John M. O'Bannon Governor: Acts Of Assembly Chapter Text (chap0383) on 03/11/2008
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Virginia 2008 Regular Session
Civil remedial fees; repeals provision for those paid, imposed on certain drivers, refund fees. [HB-1188]
[Transportation and Motor Vehicles ]
[Budget and Spending ]
[Consumer Protection ]
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: Sen. Adam P. Ebbin House: Left In Transportation on 02/12/2008
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Virginia 2008 Regular Session
Temporary detention order; magistrate may consider recommendation of examining physician, etc. [HB-1144]
[Mental Health ]
[Healthcare ]
[Law Enforcement ]
[Public Safety ]
[Criminal Justice ]
Involuntary commitment hearings; factors to consider. Allows the magistrate, when considering whether to issue an emergency custody order or a temporary detention order, to consider: (i) the recommendations of any treating or examining physician licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii)
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Sponsored by: Rep. William H. Fralin Governor: Acts Of Assembly Chapter Text (chap0793) on 04/14/2008
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Virginia 2008 Regular Session
Deed of trust or mortgage; reduces time in which one may enforce. [HB-1133]
[Real Estate ]
Enforcement of deed of trust or mortgage. Reduces the time in which one may enforce a deed of trust or mortgage from 20 years to 10 years.
Sponsored by: Rep. William H. Fralin Governor: Acts Of Assembly Chapter Text (chap0226) on 03/06/2008
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Virginia 2008 Regular Session
Circuit court clerks; clarifies issues regarding electronic filing & recording of land records, etc. [HB-1106]
[Real Estate ]
[Technology and Innovation ]
[Data Privacy ]
[Law Enforcement ]
Circuit Court clerks; electronic filing and recording; digital reproduction; recordation of judgments; secure remote access; deed cover sheets; fees collected by clerks. Clarifies a number of issues for circuit court clerks including (i) the use of the last four digits of a social security number on judgments (filer is responsible); (ii) that the clerk may provide information from a locality to remote access users; (iii) that the filer is responsible for cover sheet accuracy; (iv) allowing the clerk to rely on the cover sheet to index; and (v)
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Sponsored by: Rep. Terry G. Kilgore Governor: Acts Of Assembly Chapter Text (chap0823) on 04/14/2008
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Virginia 2008 Regular Session
Service of process; cost of return. [HB-1068]
[Law Enforcement ]
[Public Safety ]
[Crime ]
[Criminal Justice ]
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
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Sponsored by: Rep. Kristen J. Amundson House: Continued To 2009 In Courts Of Justice By Voice Vote on 01/28/2008
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Virginia 2008 Regular Session
Medical malpractice; definition of professional services. [HB-1051]
[Healthcare ]
[Law Enforcement ]
[Public Health ]
[Senior Citizens ]
Medical malpractice; professional services. Defines the term "professional services" in the context of medical malpractice actions as services provided to a patient by a health care provider pursuant to federal or state statutes or regulations. The bill also provides that the definition of "health care" includes professional services provided during a patient's residency at a nursing home. 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 was incorporated into
Sponsored by: Rep. Vivian E. Watts House: Incorporated By Courts Of Justice (hb501-hamilton) By Voice Vote on 02/01/2008
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Virginia 2017 Regular Session
School board employees, certain; training program on bullying. [SB-1537]
[Education ]
[Children and Youth ]
[Public Safety ]
Certain school board employees; training program on bullying. Requires each school board to require each school board employee in the local school division, including student support positions but excluding all other support services positions, to participate in a three-hour in-person or online training program on identifying, preventing, and responding to incidents of bullying. The bill requires each such training program to include information on bullying that is provided by the National Council for Behavioral Health. The bill has a delayed effective
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Sponsored by: Sen. Jeremy S. McPike
Passed By Indefinitely In Education And Health (9-y 6-n) on 02/02/2017
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Virginia 2017 Regular Session
Immunity of persons; defamation, statements regarding matters of public concern, sanctions. [HB-2446]
[Law Enforcement ]
[Public Safety ]
[Ethics ]
[Human Rights ]
Immunity of persons; defamation; statements regarding matters of public concern; sanctions. Adds defamation to the causes of action from which a citizen shall be immune when making statements regarding matters of public concern, as defined in the bill, to a third party, including those made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity. The bill changes from permissive to mandatory
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Sponsored by: Rep. Mark H. Levine
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Hate crimes; criminal acts against persons because of gender, etc. [SB-1524]
[Crime ]
[Data Privacy ]
[Disabilities ]
[Human Rights ]
[Public Safety ]
[Race and Civil Rights ]
[Cybersecurity ]
[Technology and Innovation ]
Hate crimes; gender, sexual orientation, gender Hate crimes; gender, sexual orientation, gender identity, or disability; civil action; penalty. Adds disability, gender, gender identity, and sexual orientation to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense. The bill also adds disability, gender, gender identity, and sexual orientation status to the categories of hate crimes
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Sponsored by: Sen. Barbara A. Favola
Committee Substitute Printed To Lis Only 17105118d-s1 on 02/01/2017
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Virginia 2017 Regular Session
Intoxicated drivers; punitive damages for persons injured. [SB-1498]
[Alcoholic Beverages ]
[Crime ]
[Public Safety ]
Punitive damages for persons injured by intoxicated drivers; evidence. Extends to blood tests performed by the Department of Forensic Science pursuant to a search warrant the rebuttable presumption in civil cases for punitive damages for injuries caused by intoxicated drivers that provides that a person's blood alcohol level demonstrated by a test performed pursuant to the implied consent statute is at least as high as the driver's blood alcohol level at the time of the accident. The bill further establishes a rebuttable presumption applicable in
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Sponsored by: Sen. Scott A. Surovell
Governor: Acts Of Assembly Chapter Text (chap0671) on 03/20/2017
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Virginia 2017 Regular Session
Assessed court costs; electronic summons system. [HB-2385]
[Crime ]
[Technology and Innovation ]
[Budget and Spending ]
[Funding ]
[Public Safety ]
[Cybersecurity ]
[Criminal Justice ]
Assessed court costs; electronic summons system. Requires, in any criminal or traffic case in which the Virginia State Police issued the summons, ticket, or citation, executed the warrant, or made the arrest for a violation of any statute, an additional assessment of $5 as part of the costs, which shall be remitted to the state treasury to be placed in a fund for the Virginia State Police solely to fund software, hardware, and associated equipment costs for the implementation and maintenance of an electronic summons system. Current law allows localities
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Sponsored by: Rep. L. Scott Lingamfelter
Left In Appropriations on 02/08/2017
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Virginia 2017 Regular Session
Real property, certain; orders of publication proceeding to enforce lien. [SB-1460]
[Real Estate ]
[Property Tax ]
[Taxes ]
Orders of publication proceeding to enforce lien against certain real property. Provides that an order of publication for the enforcement of a lien for taxes owed on real property that has a value of $50,000 or less may be posted on the website of the local government or circuit court clerk in lieu of publication in a newspaper.
Sponsored by: Sen. Louise Lucas
Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 01/30/2017
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Virginia 2017 Regular Session
Firearm transactions; voluntary background checks, clarification of provisions. [HB-2372]
[Firearms/Gun Control ]
[Law Enforcement ]
[Public Safety ]
[Criminal Justice ]
[Crime ]
Firearm transactions; voluntary background checks; clarification. Clarifies the provisions that apply to voluntary background checks performed at a firearms show by translating the Latin term of art mutatis mutandis into English.
Sponsored by: Rep. Rocky W. Holcomb
Stricken From Docket By Militia, Police And Public Safety By Voice Vote on 01/27/2017