Civil Remedies And Procedure
Virginia 2017 Regular Session
Immunity of persons; statements regarding matters of public concern communicated to a third party. [HB-1941]
[Law Enforcement ]
[Public Safety ]
[Media and Advertising ]
[Consumer Protection ]
[Ethics ]
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: Rep. Terry G. Kilgore
Governor: Acts Of Assembly Chapter Text (chap0586) on 03/16/2017
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Gettr Virginia 2017 Regular Session
Capital cases; replacing certain terminology. [HB-1882]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Mental Health ]
[Disabilities ]
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 SB 1352.
Sponsored by: Rep. Eileen Filler-Corn
Governor: Acts Of Assembly Chapter Text (chap0086) on 02/20/2017
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Virginia 2017 Regular Session
Demurrers; amended pleadings. [HB-1816]
[Law Enforcement ]
[Criminal Justice ]
Demurrers; amended pleadings. Requires that an amended pleading filed after a demurrer to an earlier pleading has been sustained incorporate or refer to the earlier pleading being amended in order to preserve the right to stand on the earlier pleading. This bill is a recommendation of the Boyd-Graves Conference.
Sponsored by: Rep. J. Randall Minchew
Governor: Acts Of Assembly Chapter Text (chap0755) on 03/24/2017
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Virginia 2017 Regular Session
Firearms; criminal history record information check before transfer, penalties. [HB-1773]
[Firearms/Gun Control ]
[Crime ]
[Criminal Justice ]
[Public Safety ]
[Law Enforcement ]
Transfer of firearms; criminal history record information check; penalties. Requires that a criminal history record information check be performed on the prospective transferee before a vendor may transfer firearms at a gun show. A violation is a Class 6 felony. A definition of "vendor" is added. The bill also requires that the promoter of a firearms show post notice of the requirement for a criminal history record information check and provide vendors with access to licensed dealers who will conduct the criminal history record information check.
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Sponsored by: Rep. Vivian E. Watts
Left In Militia, Police And Public Safety on 02/07/2017
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Virginia 2017 Regular Session
Unlawful detainer; initial hearings on a summons, etc. [HB-1811]
[Housing ]
[Real Estate ]
[Consumer Protection ]
[Law Enforcement ]
[Property Tax ]
Initial hearings on a summons for unlawful detainer; amendments of amount requested on summons for unlawful detainer; immediate issuance of writs of possession in certain case judgments; written notice of satisfaction rendered in a court not of record. Provides that, at the initial hearing on a summons for unlawful detainer, upon request of the plaintiff, the court shall bifurcate the unlawful detainer case and set a continuance date no later than 120 days from the date of the initial hearing to determine final rent and damages. The bill requires
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Sponsored by: Rep. George M. Loupassi
Governor: Acts Of Assembly Chapter Text (chap0481) on 03/13/2017
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Virginia 2017 Regular Session
Firearms; administration of machine gun registry, nonresident concealed handgun permits. [SB-1049]
[Firearms/Gun Control ]
[Crime ]
[Public Safety ]
[Law Enforcement ]
Firearms; administration of machine gun registry, Firearms; administration of machine gun registry, nonresident concealed handgun permits, and criminal history record checks. Requires any person registered to possess a machine gun to notify the Department of State Police (the Department) of a change of address within 30 days of such change. The bill reduces the number of photographs that an applicant for a nonresident concealed handgun permit must submit from two to one. The bill requires the form provided by the Department for a dealer to obtain
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Sponsored by: Sen. John S. Edwards
Passed By Indefinitely In Finance (16-y 0-n) on 01/31/2017
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Virginia 2017 Regular Session
Female genital mutilation; criminal penalty and civil action. [SB-1060]
[Crime ]
[Human Rights ]
[Public Health ]
[Children and Youth ]
[Criminal Justice ]
[Law Enforcement ]
Female genital mutilation; criminal penalty and civil action. Makes it a Class 1 misdemeanor 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 1 misdemeanor for any parent, guardian, or other person responsible for the care of a minor to consent to such circumcision, excision, or infibulation. The bill also makes it a Class 1 misdemeanor for any parent, guardian, or other person responsible for the care of a minor to knowingly remove or cause or permit the
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Sponsored by: Sen. Richard H. Black
Governor: Acts Of Assembly Chapter Text (chap0667) on 03/20/2017
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Virginia 2017 Regular Session
Civil immunity; emergency services and communications. [HB-1739]
[Public Safety ]
[Law Enforcement ]
[Telecommunications ]
[Technology and Innovation ]
Civil immunity; emergency services and communications. Extends immunity from civil liability to persons involved in providing, operating, or maintaining services or equipment used for emergency assistance, unless the act or omission that gave rise to the injury is a result of such person's gross negligence or willful misconduct. Under current law, such immunity is limited to persons who are communications services providers, a term defined in Title 58.1.
Sponsored by: Rep. J. Randall Minchew
Left In Courts Of Justice on 02/07/2017
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Virginia 2017 Regular Session
Civilian employees and foreign service officers; personal jurisdiction over a person, domicile, etc. [HB-1737]
[Family-Related Legislation ]
Personal jurisdiction over a person; domicile and residential requirements for suits for annulment, affirmance, or divorce; civilian employees and foreign service officers. Extends to all civilian employees of the United States, where current law applies to foreign service officers, certain requirements for a court to exercise personal jurisdiction over a person stationed in a territory or foreign country and establishing domicile in the Commonwealth for the purposes of an annulment, affirmance, or divorce. This bill is a recommendation of the Boyd-Graves
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Sponsored by: Rep. Christopher E. Collins
Governor: Acts Of Assembly Chapter Text (chap0480) on 03/13/2017
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Virginia 2017 Regular Session
Higher educational institutions; possession and administration of epinephrine. [HB-1746]
[Healthcare ]
[Education ]
[Public Health ]
Institutions of higher education; possession and administration of epinephrine, insulin, and glucagon. Authorizes and provides liability protection for employees of a public or private institution of higher education who are authorized by a prescriber and trained in the administration of epinephrine, insulin, or glucagon to possess and administer such epinephrine, insulin, or glucagon. This bill is identical to SB 944.
Sponsored by: Rep. Larry N. Rush
Governor: Acts Of Assembly Chapter Text (chap0294) on 03/03/2017
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Virginia 2017 Regular Session
Medical records or papers; fee limits, penalty for failure to provide. [HB-1689]
[Healthcare ]
[Data Privacy ]
[Law Enforcement ]
[Public Health ]
Requests for medical records or papers; fee limits; penalty for failure to provide. Provides that the requestor of medical records or papers has the option of specifying in which format the records or papers are to be produced. The bill allows a health care provider to produce such records or papers in paper or other hard copy format if the items are requested to be produced in electronic format, but the health care provider does not maintain such items in an electronic format or have the capability to produce items in an electronic format. The
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Sponsored by: Rep. Gregory D. Habeeb
Governor: Acts Of Assembly Chapter Text (chap0457) on 03/13/2017
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Virginia 2017 Regular Session
Public contracts; gender identity, civil liability. [HB-1667]
[Human Rights ]
[Labor, Jobs, Employment ]
[Small Business ]
[Nonprofit ]
Public contracts; civil liability; gender identity; sexual orientation. Prohibits agencies of the Commonwealth and other public bodies from requiring any contractor entering into a public contract to agree to additional nondiscrimination provisions with respect to gender identity or sexual orientation. The bill also provides civil immunity for any business or nonprofit organization that does not provide any benefit or accommodation with respect to gender identity or sexual orientation.
Sponsored by: Rep. Robert G. Marshall
Left In General Laws on 02/08/2017
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Virginia 2017 Regular Session
Administration of medications to treat adrenal crisis. [HB-1661]
[Healthcare ]
[Public Health ]
[Education ]
[Children and Youth ]
[Disabilities ]
[Pharmaceuticals ]
[Public Safety ]
Administration of medications to treat adrenal crisis. Provides that a prescriber may authorize an employee of (i) a school board, (ii) a school for students with disabilities, or (iii) an accredited private school who is trained in the administration of injected medications for the treatment of adrenal crisis resulting from a condition causing adrenal insufficiency to administer such medications to a student diagnosed with a condition causing adrenal insufficiency when the student is believed to be experiencing or about to experience an adrenal
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Sponsored by: Rep. J. Randall Minchew
Governor: Acts Of Assembly Chapter Text (chap0713) on 03/24/2017
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Virginia 2017 Regular Session
Insurance policy limits; disclosure, homeowners or personal injury liability insurance. [HB-1641]
[Insurance ]
[Consumer Protection ]
[Healthcare ]
[Law Enforcement ]
[Public Safety ]
Disclosure of insurance policy limits; homeowners or personal injury liability insurance; personal injury and wrongful death actions. Allows an injured person, the personal representative of a decedent, or an attorney representing either to request the disclosure of the liability limits of a homeowners insurance policy or personal injury liability insurance policy prior to filing a civil action for personal injuries or wrongful death from injuries sustained at the residence of another person. The party requesting this information shall provide the
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Sponsored by: Rep. George M. Loupassi
Governor: Acts Of Assembly Chapter Text (chap0044) on 02/17/2017
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Virginia 2017 Regular Session
Form of garnishment summons; maximum portion of disposable earnings subject to garnishment. [HB-1646]
[Labor, Jobs, Employment ]
[Consumer Protection ]
[Law Enforcement ]
[Public Safety ]
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: Rep. George M. Loupassi
Governor: Acts Of Assembly Chapter Text (chap0036) on 02/17/2017
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Virginia 2017 Regular Session
State agencies; criminal background checks for certain positions, annual report to DHRM. [HB-1634]
[Crime ]
[Public Safety ]
[Human Services ]
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 create and annually update a list of the positions that it has designated as sensitive and submit the list to the Department of Human Resources Management by July 1 of each year. The bill clarifies who would be subject to a criminal background investigation in a sensitive position. The bill expands the definition of sensitive position to include those positions (i)
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Sponsored by: Rep. Richard C. Sullivan
Stricken From Docket By General Laws By Voice Vote on 02/02/2017
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Virginia 2017 Regular Session
Circuit court clerks; report of money kept by clerk. [HB-1630]
[Finance ]
[Law Enforcement ]
[Public Safety ]
Report of money kept by clerk; money held recorded in civil law book; recording in the order book. Requires the clerk to make available to the Auditor of Public Accounts a copy of the annual report that the clerk is currently required to provide to the court regarding the receipt of money by the clerk. The bill further directs the clerk to record (i) trust fund orders and (ii) the annual trust fund report regarding the receipt of money in the civil order book. The bill removes the requirement that such recordings are in addition to, but not in lieu
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Sponsored by: Rep. Gregory D. Habeeb
Governor: Acts Of Assembly Chapter Text (chap0035) on 02/17/2017
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Virginia 2017 Regular Session
Nurse practitioner as expert witness; scope of activities. [HB-1609]
[Healthcare ]
[Law Enforcement ]
Nurse practitioner as expert witness; scope of activities. References the specific Code section outlining the scope of a nurse practitioner's activities in the context of the current provision that authorizes a nurse practitioner to testify as an expert witness within the scope of his activities.
Sponsored by: Rep. James A. Leftwich
Governor: Acts Of Assembly Chapter Text (chap0413) on 03/13/2017
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Virginia 2017 Regular Session
Invasion of privacy; civil action, damages, attorney fees and costs. [HB-1602]
[Data Privacy ]
[Drones ]
[Law Enforcement ]
[Technology and Innovation ]
[Cybersecurity ]
[Public Safety ]
Invasion of privacy; civil action; damages; attorney fees and costs. Creates a civil cause of action for the physical and constructive invasion of privacy where a person, with the intent to coerce, intimidate, or harass, enters onto the land or into the airspace above the land of another person to capture an image, as specified in the bill, of private property or an individual located on the private property without consent or uses any device, including an unmanned aircraft system, to capture such an image in lieu of physically entering the land
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Sponsored by: Rep. C. Matt Fariss
Failed To Pass In House on 02/25/2017
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Virginia 2017 Regular Session
Duty of care to law-enforcement officers and firefighters; fireman's rule. [HB-1590]
[Law Enforcement ]
[Public Safety ]
[Firearms/Gun Control ]
[Crime ]
[Workers' Compensation ]
Duty of care to law-enforcement officers and firefighters; fireman's rule. Provides that the common-law doctrine known as the fireman's rule, as described in the bill, shall not be a defense to certain claims. The fireman's rule is based on assumption of the usual risks of injury in such employment, whether caused by a negligent or a nonnegligent act of the defendant.
Sponsored by: Rep. Israel D. O'Quinn
Governor: Acts Of Assembly Chapter Text (chap0315) on 03/13/2017