Civil Remedies And Procedure
Virginia 2017 Regular Session
Capital cases; replacing certain terminology. [SB-1352]
Capital cases; replacing certain terminology. Replaces the term "mental retardation" in all of its various iterations with a corresponding iteration of the term "intellectual disability" for purposes of the statutes governing capital cases. The U.S. Supreme Court has held in Hall v. Florida, 134 S. Ct. 1986 (2014), that the terms describe the identical phenomenon. This bill is a recommendation of the Virginia State Crime Commission. This bill is identical to HB 1882.
Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0212) on 02/23/2017
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Gettr Virginia 2017 Regular Session
Discontinued cases; court has discretion to reinstate case. [SB-1381]
Reinstatement of discontinued cases; court's discretion. Provides that a court has discretion to reinstate a discontinued case where a plaintiff has properly moved for such a case to be reinstated. This bill is in response to JSR Mechanical Inc. v. Aireco Supply, Inc., 786 S.E.2d 144 (Va. 2016).
Sponsored by: Sen. Taylor Mason
Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/30/2017
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Virginia 2017 Regular Session
Garnishment; form of summons, maximum portion of disposable earnings subject to garnishment. [SB-1333]
Form of garnishment summons; maximum portion of disposable earnings subject to garnishment. Provides that the form of garnishment summons will state that an employee who makes the minimum wage or less for his week's earnings will ordinarily get to keep 40 times the minimum hourly wage when such earnings are subject to a garnishment, not 30 times as stated in Title 8.01, Civil Remedies and Procedures. The bill is intended to reflect the current statutory requirement for exemptions in Title 34, Homestead and Other Exemptions, and is technical in nature.
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Sponsored by: Sen. Louise Lucas
Governor: Acts Of Assembly Chapter Text (chap0143) on 02/21/2017
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Virginia 2017 Regular Session
Excusable or justifiable self-defense; costs and attorney fees in civil or criminal cases. [SB-1432]
Excusable or justifiable self-defense; costs and attorney fees. Provides that in any civil or criminal case, a party or criminal defendant that successfully prevails on a self-defense claim shall be entitled to reasonable costs and attorney fees, unless the award of fees is unjust. The bill exempts criminal defendants that have appointed counsel whose fees are paid by the Commonwealth from collecting reasonable costs and attorney fees.
Sponsored by: Sen. Bryce Reeves
Stricken At The Request Of Patron In Courts Of Justice (10-y 0-n) on 02/01/2017
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Virginia 2017 Regular Session
Immunity of persons; statements regarding matters of public concern communicated to a third party. [SB-1413]
Immunity of persons; defamation; statements regarding matters of public concern communicated to a third party; statements made at a public hearing. Adds defamation to the causes of action from which a citizen shall be immune when making statements (i) regarding matters of public concern to a third party or (ii) 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 further provides
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Sponsored by: Sen. Adam Ebbin
Governor: Acts Of Assembly Chapter Text (chap0597) on 03/16/2017
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Virginia 2017 Regular Session
State agencies; criminal background checks for certain positions. [SB-1293]
Department of Human Resources Management; criminal background checks; state agency positions designated as sensitive; agencies to report to the Department. Requires each state agency to continue to record in the Personnel Management Information System (PMIS) positions that it has designated as sensitive to ensure that the Department of Human Resources Management has a list of all such positions. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position
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Sponsored by: Sen. Ryan McDougle
Governor: Acts Of Assembly Chapter Text (chap0431) on 03/13/2017
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Virginia 2017 Regular Session
Government records; digital certification. [SB-1341]
Digital certification of government records. Provides for the Secretary of the Commonwealth, in cooperation with the Virginia Information Technologies Agency, to develop standards for the use of digital signatures by government agencies on electronic records generated by such agencies. The bill further provides that such agencies may provide copies of digital records, via a website or upon request, and may charge a fee of $5 for each digitally certified copy of an electronic record. Any digitally certified record submitted to a court in the Commonwealth
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Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0738) on 03/24/2017
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Virginia 2017 Regular Session
Female genital mutilation; criminal penalty and civil action. [SB-1241]
Female genital mutilation; criminal penalty and civil action. Makes it a felony with a punishment of 20 years to life, five of which shall be a mandatory minimum, for any person to knowingly circumcise, excise, or infibulate the labia major, labia minora, or clitoris of a minor. The bill makes it a Class 2 felony for any parent or guardian charged with the care of a minor to consent to such circumcision, excision, or infibulation. The bill also provides a civil cause of action for any person injured by such circumcision, excision, or infibulation.
Sponsored by: Sen. Siobhan Dunnavant
Incorporated By Courts Of Justice on 01/16/2017
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Virginia 2017 Regular Session
Spousal liability for emergency medical care; property held as tenants by the entireties. [HB-2270]
Spousal liability for emergency medical care; property held as tenants by the entireties. Provides that a lien arising out of a judgment for a spouse's emergency medical care shall not be enforced against the judgment debtor's property held as tenants by the entireties unless each spouse was a defendant to the underlying suit from which the judgment arose.
Sponsored by: Rep. Paul Krizek
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Public schools; possession of glucagon. [SB-1215]
Public schools; possession of glucagon. Requires local school boards to adopt and implement policies for the possession and administration of glucagon in every school that one or more students with diabetes attend and requires the Board of Education to adopt and implement policies for the possession and administration of glucagon in every school for students with disabilities that one or more students with diabetes attend. The bill allows a school nurse, an employee of the school board, an employee of a local governing body, an employee of a local
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Sponsored by: Sen. Richard Stuart
Passed By Indefinitely In Education And Health (15-y 0-n) on 01/26/2017
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Virginia 2017 Regular Session
Firearm transfers; criminal history record information checks, penalty. [SB-1194]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an
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Sponsored by: Sen. Jennifer McClellan
Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/18/2017
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Virginia 2017 Regular Session
Victims of sexual assault; rights of victims, physical evidence recovery kits. [HB-2127]
Rights of victims of sexual assault; physical evidence recovery kits. Requires that victims of sexual assault be advised by the investigating law-enforcement agency of their rights regarding physical evidence recovery kits. The bill requires the Division of Consolidated Laboratory Services of the Virginia Department of General Services and law-enforcement agencies to store a physical evidence recovery kit for an additional 10 years following a written objection to its destruction from the victim. The bill requires the law-enforcement agency to notify
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Sponsored by: Rep. Eileen Filler-Corn
Governor: Acts Of Assembly Chapter Text (chap0535) on 03/16/2017
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Virginia 2017 Regular Session
Unlawful creation of image of another; civil action. [SB-1210]
Civil action for unlawful creation of image of another or unlawful dissemination or sale of images of another. Creates a civil cause of action against an individual who knowingly and intentionally (i) creates any videographic or still image of any nonconsenting person who is nude, clad in undergarments, or in a state of undress or (ii) captures an image of a person's intimate parts or undergarments when those captured parts or undergarments would not otherwise be visible to the general public. The bill also creates a civil cause of action against
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Sponsored by: Sen. Jennifer Wexton
Governor: Acts Of Assembly Chapter Text (chap0656) on 03/20/2017
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Virginia 2017 Regular Session
Unmanned aircraft systems; creates a civil cause of action for invasion of privacy, etc. [HB-2197]
Unmanned aircraft systems; designated facility; critical infrastructure; unlawful use; penalties. Creates a civil cause of action for the invasion of privacy when a person uses an unmanned aircraft system to enter without consent into the airspace above any designated facility, as defined in the bill, or critical infrastructure to capture an image or attempt to capture an image, as specified in the bill. The bill allows a plaintiff to recover actual damages and allows the court to award punitive damages where actual damages are awarded and to order
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Sponsored by: Rep. Terry Kilgore
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Writ of actual innocence; basis on nonbiological evidence, untested evidence. [HB-2086]
Writ of actual innocence based on nonbiological evidence; untested evidence. Allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction. The bill also eliminates the provision that limits a petitioner to only
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Sponsored by: Rep. Charniele Herring
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Firearms; civil liability for sale or transfer without a background check. [HB-2188]
Civil liability for sale or transfer of a firearm; background check. Provides that a person may be held civilly liable for injuries to person or property or wrongful death of another caused by a third party if it can be shown that the civil defendant sold or transferred a firearm to the person who committed the crime resulting in injury or death without obtaining a background check and verification that the transferee was not prohibited from possessing a firearm.
Sponsored by: Sen. Jennifer Boysko
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Firearm transfers; criminal history record information checks, penalty. [HB-2212]
Firearm transfers; criminal history record information checks; penalty. Requires a background check for any firearm transfer and requires the Department of State Police to establish a process for transferors to obtain such a check from licensed firearms dealers. A transferor who fails to obtain a required background check and sells the firearm to another person is guilty of a Class 1 misdemeanor. The bill exempts transfers between immediate family members, transfers that occur by operation of law, transfers by the executor or administrator of an
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Sponsored by: Rep. Kenneth Plum
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Excusable or justifiable self-defense; costs and attorney fees in civil or criminal cases. [HB-1989]
Excusable or justifiable self-defense; costs and attorney fees. Provides that in any civil or criminal case, a party or criminal defendant that successfully prevails on a self-defense claim shall be entitled to reasonable costs and attorney fees, unless the award of fees is unjust. The bill exempts criminal defendants that have appointed counsel whose fees are paid by the Commonwealth from collecting reasonable costs and attorney fees.
Sponsored by: Rep. Mark Cole
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Public school employees, certain; assistance with student insulin pumps by register nurse, etc. [SB-1116]
Certain public school employees; assistance with student insulin pumps. Authorizes, but does not require, local school board employees who are registered nurses, licensed practical nurses, or certified nurse aides and who have been trained in the administration of insulin, including the use and insertion of insulin pumps, and the administration of glucagon to assist a student who is diagnosed with diabetes and who carries an insulin pump with the insertion or reinsertion of the pump or any of its parts, provided that assistance has been authorized
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Sponsored by: Sen. Jeremy McPike
Governor: Acts Of Assembly Chapter Text (chap0811) on 04/05/2017
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Virginia 2017 Regular Session
Business records; admissibility in criminal proceedings. [HB-1903]
Admissibility of business records; criminal proceedings. Extends to criminal proceedings the existing procedures in civil proceedings for the authentication and foundation necessary for the admission of a business record under the business records exception to the rule against hearsay.
Sponsored by: Rep. Steve Heretick
Governor: Acts Of Assembly Chapter Text (chap0223) on 02/23/2017