Civil Remedies And Procedure

State (Virginia)
Virginia 2017 Regular Session

Order of publication; use of electronic medium. [HB-1589]
Order of publication; use of electronic medium. Provides that a court may direct that an order of publication be electronically posted using an electronic medium chosen by the court, in lieu of directing such order be published in a newspaper.

  

Sponsored by: Sen. John Bell Defeated By Senate (13-y 26-n) on 02/10/2017

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State (Virginia)
Virginia 2017 Regular Session

Child care providers; applicant criminal history background checks, penalty. [HB-1568]
Child care providers; criminal history background check; penalty. Requires the following individuals to undergo a fingerprint-based national criminal history background check: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or (continued...)

  

Sponsored by: Rep. Christopher Peace Governor: Acts Of Assembly Chapter Text (chap0189) on 02/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Petition for appeal to Supreme Court; time period within which petition must be presented. [SB-947]
Petition for appeal to Supreme Court; time period within which petition must be presented. Authorizes the Supreme Court of Virginia to grant a 30-day extension of the deadline for presentation of the petition for appeal in all cases for good cause shown. Under current law, the Court may grant an extension in criminal cases only. The bill also expresses time periods, currently expressed as months, in an equivalent number of days to reduce ambiguity. This bill is a recommendation of the Judicial Council of Virginia.

  

Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0652) on 03/20/2017

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State (Virginia)
Virginia 2017 Regular Session

Appeal to Supreme Court; time frame for filing of petition. [SB-946]
Appeal to Supreme Court; time frame for filing of petition. Expresses the time frame within which petitions for appeal from a final judgment of a trial court or the State Corporation Commission to the Supreme Court shall be filed, currently expressed in months, in an equivalent number of days. As introduced, the bill is a recommendation of the Judicial Council.

  

Sponsored by: Sen. Mark Obenshain Governor: Acts Of Assembly Chapter Text (chap0651) on 03/20/2017

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State (Virginia)
Virginia 2017 Regular Session

Institutions of higher education; possession and administration of epinephrine. [SB-944]
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 HB 1746.

  

Sponsored by: Sen. Taylor Mason Governor: Acts Of Assembly Chapter Text (chap0304) on 03/03/2017

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State (Virginia)
Virginia 2017 Regular Session

Temporary injunction of contract for services; rape, forcible sodomy, or object sexual penetration. [HB-1557]
Temporary injunction of contract for services; rape, forcible sodomy, or object sexual penetration. Requires a court, in an action for a temporary injunction of a contract for services, to consider a conviction or finding of rape, forcible sodomy, or object sexual penetration, committed by one party to a contract against the other, in assessing whether to grant the injunction.

  

Sponsored by: Rep. Paul Krizek Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Firearm transfers; penalties. [SB-915]
Firearm transfers; penalties. Creates a Class 3 misdemeanor for a person who is not a licensed dealer but who conducts business as a merchant of firearms to sell a firearm without a background check conducted by a federally licensed dealer. The bill exempts transfers to family members, to personal friends, by inheritance, by operation of law, or for a temporary purpose.

  

Sponsored by: Sen. John Edwards Passed By Indefinitely In Courts Of Justice (9-y 6-n) on 01/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Reduction of amount of lien for medical services paid for by the Commonwealth. [SB-914]
Reduction of amount of lien for medical services paid for by the Commonwealth. 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 by the Attorney General pursuant to ? 2.2-514, such lien shall be reduced by an amount proportionate to the amount that costs, expenses, and attorney fees incurred by the injured person bear to the total recovery obtained from the third party.

  

Sponsored by: Sen. John Edwards Committee Substitute Printed To Lis Only 17104767d-s1 on 02/01/2017

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State (Virginia)
Virginia 2017 Regular Session

Civil immunity; emergency services and communications. [SB-888]
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: Sen. Benton Chafin Stricken At The Request Of Patron In Courts Of Justice (14-y 0-n) on 01/30/2017

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State (Virginia)
Virginia 2017 Regular Session

Child care providers; criminal history background check; penalty. [SB-897]
Child care providers; criminal history background check; penalty. Requires the following individuals to undergo a fingerprint-based national criminal history background check: (i) applicants for employment by, employees of, applicants to serve as volunteers with, and volunteers with any licensed family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, or family day home approved by a family day system; (ii) applicants for licensure as a family day system, registration as a family day home, or (continued...)

  

Sponsored by: Sen. Emmett Hanger Governor: Acts Of Assembly Chapter Text (chap0751) on 03/24/2017

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State (Virginia)
Virginia 2017 Regular Session

Appointment of guardian ad litem in civil cases. [HB-1510]
Appointment of guardian ad litem in civil cases. Requires the court to appoint a guardian ad litem for a person under a disability who is a party in a civil case. Current law requires the appointment only for a person under a disability who is a party defendant.

  

Sponsored by: Rep. Joesph Lindsey Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Background checks; exceptions, sponsored living and shared residential service providers. [HB-1491]
Background checks; exceptions; sponsored living and shared residential service providers. Allows a provider licensed by the Department of Behavioral Health and Developmental Services or a community services board to approve as a sponsored residential service provider or to permit to enter into a shared living arrangement persons who have been convicted of not more than one misdemeanor offense under § 18.2-57 or 18.2-57.2 if 10 years have elapsed following the conviction, unless the person committed the offense while employed in a direct care position. (continued...)

  

Sponsored by: Rep. Patrick Hope Governor: Acts Of Assembly Chapter Text (chap0775) on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Servicemembers Civil Relief Act; attorney fees. [HB-1495]
Servicemembers Civil Relief Act; attorney fees. Provides that, where the appointment of counsel is necessary pursuant to the Servicemembers Civil Relief Act, any attorney fees assessed shall not exceed $125.

  

Sponsored by: Rep. Joesph Lindsey Left In Courts Of Justice on 02/07/2017

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State (Virginia)
Virginia 2017 Regular Session

Lien against person whose negligence causes injury; emergency medical services agency. [SB-867]
Lien against person whose negligence causes injury; emergency medical services agency. Clarifies that whenever any person sustains personal injuries caused by the alleged negligence of another and receives emergency medical services and transportation provided by an emergency medical services vehicle, the emergency medical services provider or agency shall have a lien for the amount of a just and reasonable charge for the services rendered, not to exceed $200 for each emergency medical services provider or agency, on the claim of such injured person (continued...)

  

Sponsored by: Sen. Richard Stuart Governor: Acts Of Assembly Chapter Text (chap0603) on 03/16/2017

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State (Virginia)
Virginia 2017 Regular Session

Felony conviction; compensation for wrongful incarceration. [HB-1464]
Compensation for wrongful incarceration for a felony conviction. Establishes a process for a person wrongfully incarcerated to submit a written request to the Executive Secretary of the Supreme Court of Virginia for the disbursement of the transition assistance grant of $15,000 for payment from the Criminal Fund; provides a 30-day timeframe, or as soon as practicable, within which such grant must be paid; and removes the provision that such grant amount be deducted from any compensation awarded for wrongful incarceration. Current law does not specify (continued...)

  

Sponsored by: Rep. Richard Sullivan Left In Appropriations on 02/08/2017

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State (Virginia)
Virginia 2017 Regular Session

Discontinued cases; court has discretion to reinstate case. [SB-858]
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. Mamie Locke Passed By Indefinitely In Courts Of Justice (12-y 3-n) on 01/30/2017

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State (Virginia)
Virginia 2017 Regular Session

Naloxone; dispensing for use in opioid overdose reversal, etc. [HB-1453]
Dispensing of naloxone. Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to § 54.1-3423 to dispense naloxone to a person (continued...)

  

Sponsored by: Rep. Kathleen Murphy Governor: Acts Of Assembly Chapter Text (chap0168) on 02/23/2017

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State (Virginia)
Virginia 2017 Regular Session

Unpaid court fines, etc.; increases grace period for collection. [SB-854]
Collection of unpaid court fines, etc. Increases the grace period after which collection activity for unpaid court fines, costs, forfeitures, penalties, and restitution may be commenced from 30 days to 90 days after sentencing or judgment. The bill also establishes the requirements for deferred or installment payment agreements that a court must offer a defendant who is unable to pay court-ordered fines, costs, forfeitures, and penalties. The bill requires that a court take into account a defendant's financial circumstances, including whether the (continued...)

  

Sponsored by: Sen. William Stanley Governor: Acts Of Assembly Chapter Text (chap0806) on 04/05/2017

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State (Virginia)
Virginia 2017 Regular Session

Naloxone; dispensing for use in opioid overdose reversal, etc. [SB-848]
Dispensing of naloxone. Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to § 54.1-3423 to dispense naloxone to a person (continued...)

  

Sponsored by: Sen. Jennifer McClellan Governor: Acts Of Assembly Chapter Text (chap0055) on 02/20/2017

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State (Virginia)
Virginia 2017 Regular Session

Naloxone; dispensing for use in opioid overdose reversal, etc. [HB-1449]
Dispensing of naloxone. Allows a person who is authorized by the Department of Behavioral Health and Developmental Services to train individuals on the administration of naloxone for use in opioid overdose reversal and who is acting on behalf of an organization that provides substance abuse treatment services to individuals at risk of experiencing opioid overdose or training in the administration of naloxone for overdose reversal and that has obtained a controlled substances registration from the Board of Pharmacy pursuant to ? 54.1-3423 to dispense (continued...)

  

Sponsored by: Rep. Kathleen Murphy Left In Health, Welfare And Institutions on 02/07/2017

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