Civil Remedies And Procedure

State (Virginia)
Virginia 2024 Regular Session

Medical Assistance Services, Department of; lien for claim of personal injuries. [HB-153]
Department of Medical Assistance Services; lien for claim of personal injuries. Creates a process by which a lien in favor of the Department of Medical Assistance Services on a claim for personal injuries may be satisfied upon the request of the injured person who received medical care or services to treat such personal injury. The bill provides that the Department is required within 30 days of receipt of the request of the injured person to provide such injured person or his personal representative with an itemized statement detailing all health (continued...)

  

Sponsored by: Rep. Marcus Simon Stricken From Docket By Courts Of Justice (22-y 0-n) on 01/15/2024

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State (Virginia)
Virginia 2024 Regular Session

Jury service; increases from 70 to 73 the age at which a person is exempt from service upon request. [HB-156]
Exemptions from jury service upon request; age. Increases from 70 to 73 the age at which a person is exempt from jury service upon request.

  

Sponsored by: Rep. Wendell Walker Governor: Acts Of Assembly Chapter Text (chap0071) on 03/14/2024

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State (Virginia)
Virginia 2024 Regular Session

Adoption; award of damages, death by wrongful act. [HB-140]
Adoption; award of damages; death by wrongful act. Provides that, in a case for death by wrongful act, the child of a decedent who has been adopted after the death of such decedent shall be included in the class of beneficiaries entitled to an award of damages resulting from such case, provided that a court had not previously terminated the parental rights of such decedent.

  

Sponsored by: Rep. David Reid Governor: Acts Of Assembly Chapter Text (chap0069) on 03/14/2024

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State (Virginia)
Virginia 2024 Regular Session

Summons for unlawful detainer; specifies a process by which a plaintiff may amend amount due to him. [HB-86]
Summons for unlawful detainer; hearing date; amendments to amount due; subsequent filings. Specifies a process by which a plaintiff, plaintiff's attorney, or agent in an unlawful detainer action may amend the amount due to him in an unlawful detainer action. The bill further provides that if such an amendment is permitted the plaintiff shall not subsequently file additional warrants in debt against the defendant for additional amounts if those amounts could have been included in such amended amount. The bill provides that if the plaintiff requests (continued...)

  

Sponsored by: Rep. Patrick Hope Governor: Acts Of Assembly Chapter Text (chap0268) on 04/02/2024

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State (Virginia)
Virginia 2024 Regular Session

Unlawful detainer; expungement of action, entering of an order without further petition or hearing. [HB-73]
Unlawful detainer; expungement; entering of an order without further petition or hearing. Provides that in unlawful detainer actions filed in the general district court, if the 30-day period following the dismissal of such an action has passed or if a voluntary nonsuit is taken and the six-month period following such nonsuit has passed, the court shall, without further petition or hearing, enter an order requiring the expungement of such action, provided that no order of possession has been entered. The bill provides that if a judgment is entered (continued...)

  

Sponsored by: Rep. Patrick Hope Governor: Acts Of Assembly Chapter Text (chap0372) on 04/04/2024

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State (Virginia)
Virginia 2024 Regular Session

Dentists and dental hygienists; added to list of providers who are immune from civil liability, etc. [HB-42]
Civil immunity; dentists and dental hygienists; mental health treatment for health care professionals; reporting requirements. Adds dentists and dental hygienists to the list of providers who are immune from civil liability for any act done or made in performance of his duties while serving as a member of or consultant to an entity that functions primarily to review, evaluate, or make recommendations on a professional program to address issues related to career fatigue and wellness in health care professionals. The bill also extends civil immunity (continued...)

  

Sponsored by: Rep. Patrick Hope Governor: Acts Of Assembly Chapter Text (chap0096) on 03/20/2024

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State (Virginia)
Virginia 2024 Regular Session

Contract actions; collection of medical debt, definition. [HB-34]
Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply (continued...)

  

Sponsored by: Rep. Delores McQuinn Governor: Acts Of Assembly Chapter Text (chap0800) on 04/17/2024

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State (Virginia)
Virginia 2023 Regular Session

Harmful materials; civil liability for publishing or distributing to minors on the Internet. [SB-1515]
Civil liability for publishing or distributing material harmful to minors on the Internet. Creates a civil cause of action for any commercial entity that knowingly or intentionally publishes or distributes on the Internet material harmful to minors, as defined in the bill, and that does not take reasonable steps to verify that the age of a person attempting to access such material harmful to minors is 18 years of age or older. The bill also clarifies the definition of "sexual conduct" so that it is neutral regarding sexual orientation for the purpose (continued...)

  

Sponsored by: Sen. William Stanley Governor: Acts Of Assembly Chapter Text (chap0811) on 05/12/2023

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State (Virginia)
Virginia 2023 Regular Session

Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity. [HB-2459]
Firearm-free zones designated by the Commonwealth or a locality; waiver of sovereign immunity.

  

Sponsored by: Sen. John McGuire Left In Rules on 02/07/2023

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State (Virginia)
Virginia 2023 Regular Session

Athletic trainers; exemption from liability when administering albuterol inhalers, etc. [HB-2429]
Emergency care; exemption from liability; athletic trainers. Authorizes licensed athletic trainers under contract with a local school division to administer albuterol inhalers and valved holding chambers or nebulized albuterol to students and exempts athletic trainers from liability for such administration. The bill permits prescribers to authorize licensed athletic trainers to possess and administer IV saline for use in emergency situations and subcutaneous lidocaine for wound closure.

  

Sponsored by: Rep. L. Kaye Kory Governor: Acts Of Assembly Chapter Text (chap0569) on 03/26/2023

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State (Virginia)
Virginia 2023 Regular Session

Interpreters for persons who are deaf or hard of hearing; court may appoint certified interpreter. [HB-2424]
Interpreters for persons who are deaf or hard of hearing. Provides that if the Department for the Deaf and Hard-of-Hearing cannot procure a qualified interpreter to assist a party or witness in a civil proceeding who is speech-impaired or who is deaf or hard of hearing, then the court may appoint a readily available interpreter with full certification from the Registry of Interpreters for the Deaf, Inc., or an equivalent national certification.

  

Sponsored by: Rep. Kenneth Plum Governor: Acts Of Assembly Chapter Text (chap0415) on 03/23/2023

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State (Virginia)
Virginia 2023 Regular Session

Mutual liability for necessaries; furnishing of health care. [HB-2343]
Mutual liability for necessaries; furnishing of medical care. Provides that liability shall not be imposed upon one spouse for medical care furnished to the patient spouse when such patient spouse predeceases the nonpatient spouse. Mutual liability for necessaries; furnishing of medical care. Provides that liability shall not be imposed upon one spouse for medical care furnished to the patient spouse when such patient spouse predeceases the nonpatient spouse.

  

Sponsored by: Sen. Angelia Williams Graves Governor: Acts Of Assembly Chapter Text (chap0798) on 04/12/2023

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State (Virginia)
Virginia 2023 Regular Session

Common interest communities; foreclosure remedy. [SB-1428]
Common interest communities; foreclosure remedy. Prohibits a common interest community association from conducting a foreclosure sale on a lien for unpaid assessments totaling less than $5,000, excluding interest and attorney fees. Current law does not place a limit on the amount of assessments that must be unpaid before a common interest community association may conduct a foreclosure sale on a lien for any such unpaid assessments. The bill also limits interest charged on such unpaid assessments to an annual rate of six percent and prohibits any (continued...)

  

Sponsored by: Sen. Scott Surovell Passed By Indefinitely In General Laws And Technology With Letter (12-y 2-n) on 01/18/2023

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State (Virginia)
Virginia 2023 Regular Session

Civil actions; standards governing consolidation and transfer, allocation of attorney fees. [HB-2105]
Civil actions; standards governing consolidation and transfer; allocation of attorney fees. Specifies that, in a combined civil action, the court may allocate attorney fees to separate issues into common questions that require treatment on a consolidated basis and individual cases that do not. Current law allows the court to allocate fees but does not specify attorney fees. The bill contains technical amendments.

  

Sponsored by: Rep. Marcus Simon Governor: Acts Of Assembly Chapter Text (chap0563) on 03/26/2023

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State (Virginia)
Virginia 2023 Regular Session

Civil action against parent; minor's possession and use of firearm. [HB-2227]
Civil action against parent; minor's possession and use of firearm. Creates a civil cause of action against a parent, guardian, legal custodian, or other person standing in loco parentis of a minor for injury to the person or property of another or for wrongful death resulting from the minor's possession and use of a firearm if it can be shown by a preponderance of the evidence that the minor came into possession of such firearm because of the failure of the civil defendant to reasonably secure the firearm.

  

Sponsored by: Rep. Kathleen Murphy Left In Courts Of Justice on 02/07/2023

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State (Virginia)
Virginia 2023 Regular Session

Legal notices; online publications. [SB-1237]
Legal notices; online publications. Provides that, where any ordinance, resolution, notice, or advertisement is required by law to be published in a newspaper, such ordinance, resolution, notice, or advertisement instead may be published in an online publication, subject to certain requirements specified in the bill.

  

Sponsored by: Sen. Mark Obenshain Failed To Report (defeated) In Judiciary (6-y 9-n) on 02/01/2023

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State (Virginia)
Virginia 2023 Regular Session

Wrongful death; death of parent or guardian of child resulting from driving under the influence. [SB-1288]
Wrongful death; death of parent or guardian of child resulting from driving under the influence; child support. Provides that in any action for death by wrongful act where the defendant, as a result of driving a motor vehicle or operating a watercraft under the influence, unintentionally caused the death of another person who was the parent or legal guardian of a child, the person who has custody of such child may petition the court to order that the defendant pay child support. Wrongful death; death of parent or guardian of child resulting from (continued...)

  

Sponsored by: Sen. Bill DeSteph Passed By Indefinitely In Judiciary (14-y 0-n) on 01/18/2023

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State (Virginia)
Virginia 2023 Regular Session

Infants left in newborn safety devices or hospital personnel, etc.; placement protocol. [HB-2291]
Infants left in newborn safety devices or left with hospital or emergency medical services agency personnel; placement protocol. Establishes protocols for the placement of infants who are left in newborn safety devices or who are left with any personnel of a hospital or emergency medical services agency. Under the bill, a hospital or emergency medical services agency who receives an infant left in a newborn safety device or left with any personnel of a hospital or emergency medical services agency shall immediately transport the infant to a hospital (continued...)

  

Sponsored by: Sen. Emily Brewer Left In Courts Of Justice on 02/07/2023

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State (Virginia)
Virginia 2023 Regular Session

Jewish faith or ethnicity; addressing discrimination against persons. [HB-2208]
Hate crimes and discrimination; anti-Semitism; penalties. Provides that as used in the Code of Virginia, "race," "religion," or "national origin" shall include persons of the Jewish faith or ethnicity; "racial, religious, or ethnic animosity" shall include animosity toward the Jewish faith or ethnicity; "race," "religious conviction," or "national origin" shall include persons of the Jewish faith or ethnicity; and "race," "religion," or "ethnic and national origin" shall include persons of the Jewish faith or ethnicity. Hate crimes and discrimination; (continued...)

  

Sponsored by: Rep. Hyland Fowler Failed To Pass In House on 02/25/2023

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State (Virginia)
Virginia 2023 Regular Session

Hate crimes and discrimination; antisemitism, penalties. [SB-1184]
Hate crimes and discrimination; anti-Semitism; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of such individual's ethnic origin. The bill also adds victims who are intentionally selected because of their ethnic origin 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 (continued...)

  

Sponsored by: Sen. John Cosgrove Failed To Pass In Senate on 02/25/2023

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