Civil Remedies And Procedure
Virginia 2023 Regular Session
Contributory negligence bar; abolished. [HB-1431]
Contributory negligence bar; abolished. Provides that the negligence of a plaintiff shall not automatically bar plaintiff's recovery in any action for injury, wrongful death, or property damage unless the plaintiff's negligence is (i) a proximate cause of the plaintiff's injury and (ii) greater than the aggregated total amount of negligence of all the defendants that proximately caused the plaintiff's injury. The bill further provides that any damages recoverable by the plaintiff shall be diminished by an amount that is proportionately equal to
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Sponsored by: Rep. Phillip Scott
Left In Courts Of Justice on 02/07/2023
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Interpreters for persons who are deaf or hard of hearing; court may appoint certified interpreter. [SB-814]
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: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0416) on 03/23/2023
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Virginia 2023 Regular Session
Interlocutory orders, certain; jurisdiction of appeals, immunity. [SB-811]
Appeal of interlocutory orders. Restores the Court of Appeals' jurisdiction over appeals of orders granting or denying a plea of sovereign, absolute, or qualified immunity. Under current law, such orders are appealable to the Supreme Court of Virginia. The bill also directs the Supreme Court of Virginia to promulgate rules consistent with the provisions of the bill by July 1, 2023. Appeal of interlocutory orders. Restores the Court of Appeals' jurisdiction over appeals of orders granting or denying a plea of sovereign, absolute, or qualified immunity.
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Sponsored by: Sen. John Petersen
Left In Courts Of Justice on 02/22/2023
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Virginia 2023 Regular Session
Injunctions; petitions for review. [SB-810]
Review of injunctions; petitions for review. Removes permanent injunctions from the current provision that when a circuit court (i) grants a preliminary or permanent injunction, (ii) refuses such an injunction, or (iii) having granted such an injunction, dissolves or refuses to enlarge it, an aggrieved party may file a petition for review with the clerk of the Supreme Court of Virginia. The bill increases from seven days to 15 days the period after the date of service of a copy of such petition during which an opposing party may file a response.
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Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0741) on 04/12/2023
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Virginia 2023 Regular Session
Emergency relief payments; automatic exemption from creditor process. [SB-812]
Emergency relief payments; automatic exemption from creditor process; repeal. Repeals the provision allowing an exemption from the creditor process for emergency relief payments, defined as a 2020 recovery rebate for individuals and qualifying children provided pursuant to § 2201 of the federal Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) or any future federal payments or rebates provided directly to individuals for economic relief or stimulus due to the COVID-19 pandemic.
Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0457) on 03/24/2023
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Virginia 2023 Regular Session
Interlocutory decrees or orders, certain; appeals, report. [HB-1386]
Appeals of certain interlocutory decrees or orders; report. Prohibits the appeal of certain interlocutory decrees or orders relating to affirmance or annulment of a marriage, divorce, custody of a minor child, spousal or child support, control or disposition of a minor child, or any other domestic relations matter arising under Title 16.1 (Courts Not of Record) or 20 (Domestic Relations) of the Code of Virginia. The bill also restores the Court of Appeal's jurisdiction over appeals of orders granting or denying pleas of immunity. Under current law,
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Sponsored by: Rep. Jason Ballard
Left In Courts Of Justice on 02/07/2023
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Virginia 2023 Regular Session
Civil action for trafficking in persons; charge or conviction not required. [HB-1374]
Civil action for trafficking in persons; charge or conviction not required. Provides that a person may maintain a civil action against an individual for trafficking in persons whether or not an individual has been charged with or convicted of certain alleged violations.
Sponsored by: Rep. Kim Taylor
Governor: Acts Of Assembly Chapter Text (chap0385) on 03/23/2023
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Virginia 2023 Regular Session
Deceased or incompetent party; admissibility of statements. [SB-144]
Admissibility of statements of a deceased or incompetent party. Repeals the "dead man's statute," which provides that no judgment shall be entered against a person incapable of testifying based upon the uncorroborated testimony of the adverse party.
Sponsored by: Sen. John Edwards
Left In Judiciary on 11/21/2022
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Virginia 2022 Regular Session
Health insurers; duty of in-network providers to submit claims, prohibited practices. [SB-681]
Duty of in-network providers to submit claims to health insurers; Virginia Consumer Protection Act. Provides that a knowing violation of the existing requirement for an in-network provider that provides health care services to a covered patient to submit its claim to the health insurer for the health care services in accordance with the terms of the applicable provider agreement or as permitted under applicable federal or state laws is a prohibited practice under the Virginia Consumer Protection Act. Duty of in-network providers to submit claims
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Sponsored by: Sen. Mark Obenshain
Governor: Acts Of Assembly Chapter Text (chap0351) on 04/11/2022
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Virginia 2022 Regular Session
Wrongful incarceration; compensation. [SB-755]
Compensation for wrongful incarceration. Modifies the formula for compensating wrongfully incarcerated persons to equal $55,000 per year of incarceration, adjusted for inflation, changes the amount of compensation that may be paid out as a lump sum to equal 25 percent of the total award with the remainder to be paid out as an annuity with a term of 10 years, provides that the General Assembly may pay to the wrongfully incarcerated person the amount of court costs and other charges incurred to receive the compensation, and allows a wrongfully incarcerated
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Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0573) on 04/11/2022
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Virginia 2022 Regular Session
Early childhood care and education entities; administration of epinephrine. [SB-737]
Early childhood care and education entities; administration of epinephrine. Requires the Board of Education to amend its regulations to require each early childhood care and education entity to implement policies for the possession and administration of epinephrine in every such entity to be administered by any nurse at the entity, employee at the entity, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any child believed to be having an anaphylactic reaction. The bill
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Sponsored by: Sen. Jennifer Boysko
Governor: Acts Of Assembly Chapter Text (chap0696) on 04/11/2022
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Virginia 2022 Regular Session
Death with Dignity Act; penalties. [SB-668]
Death with Dignity Act; penalties. Allows an adult who has been determined by an attending physician and consulting physician to be suffering from a terminal condition to request medication for the purpose of ending his life in a humane and dignified manner. The bill requires that a patient's request for medication to end his life be given orally on two occasions, that such request be in writing, that such request be signed by the patient and two witnesses, and that the patient be given an express opportunity to rescind his request. The bill requires
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Sponsored by: Sen. Ghazala Hashmi
Failed To Report (defeated) In Education And Health (7-y 7-n 1-a) on 02/03/2022
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Virginia 2022 Regular Session
Marijuana-related offenses; creates writ of post-conviction relief. [HB-1348]
Writ of post-conviction relief for marijuana-related offenses. Creates a writ of post-conviction relief by which persons convicted of certain felony marijuana-related offenses committed prior to July 1, 2021, who remain incarcerated on July 1, 2022, may petition the circuit court for modification of such person's sentence. The bill requires such petition to be filed by July 1, 2026. The bill has an expiration date of July 1, 2027.
Sponsored by: Rep. Carrie Coyner
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Injunctions; review by the Supreme Court of Virginia. [SB-715]
Injunctions; review by the Supreme Court of Virginia. Restores the Supreme Court of Virginia's jurisdiction over appeals of injunctions and orders granting or denying pleas of immunity. Under current law, injunctions must first be appealed to the Court of Appeals. Injunctions; review by the Supreme Court of Virginia. Restores the Supreme Court of Virginia's jurisdiction over appeals of injunctions and orders granting or denying pleas of immunity. Under current law, injunctions must first be appealed to the Court of Appeals.
Sponsored by: Sen. John Petersen
Governor: Acts Of Assembly Chapter Text (chap0307) on 04/11/2022
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Virginia 2022 Regular Session
Early childhood care and education entities; administration of epinephrine. [HB-1328]
Early childhood care and education entities; administration of epinephrine. Requires the Board of Education to amend its regulations to require each early childhood care and education entity to implement policies for the possession and administration of epinephrine in every such entity to be administered by any nurse at the entity, employee at the entity, or employee of a local health department who is authorized by a prescriber and trained in the administration of epinephrine to any child believed to be having an anaphylactic reaction. The bill
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0695) on 04/11/2022
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Virginia 2022 Regular Session
Summons for unlawful detainer; notice to tenant, adverse employment actions prohibited. [HB-1236]
Summons for unlawful detainer; notice; adverse employment actions prohibited. Requires any summons for unlawful detainer to include a notice to the tenant that it is unlawful for his employer to discharge him from employment or take any adverse personnel action against him for appearing at an initial or subsequent hearing on such summons, provided that he has given reasonable notice of such hearing to his employer.
Sponsored by: Rep. Kenneth Plum
Governor: Acts Of Assembly Chapter Text (chap0467) on 04/11/2022
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Virginia 2022 Regular Session
Judgments; limitations on enforcement, extensions and renewals. [HB-1234]
Limitations on enforcement of judgments. Provides that no execution shall be issued and no action brought on a judgment dated, extended, or renewed, prior to July 1, 2021, including a judgment in favor of the Commonwealth and a judgment rendered in another state or country, after 20 years from the date of such judgment or domestication of such judgment or 20 years from the date of such extension or renewal of such judgment, whichever is later. Under current law, no such execution or judgment may be issued or brought 20 years from the date of such
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Sponsored by: Sen. Chris Head
Governor: Acts Of Assembly Chapter Text (chap0324) on 04/11/2022
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Virginia 2022 Regular Session
Civil actions; health care bills and records. [SB-633]
Civil actions; health care bills and records. Defines the term "bill" for the purposes of evidence of medical services provided in certain civil actions as any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided. The bill also clarifies the procedures for introducing evidence of medical reports, statements, or records of a health care provider by affidavit in general district court.
Sponsored by: Sen. William Stanley
Governor: Acts Of Assembly Chapter Text (chap0470) on 04/11/2022
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Virginia 2022 Regular Session
Civil actions; health care bills and records. [HB-1145]
Civil actions; health care bills and records. Defines the term "bill" for the purposes of evidence of medical services provided in certain civil actions as any statement of charges, an invoice, or any other form prepared by a health care provider or its agent, or third-party agent, identifying the costs of health care services provided. The bill also clarifies the procedures for introducing evidence of medical reports, statements, or records of a health care provider by affidavit in general district court.
Sponsored by: Rep. James Leftwich
Governor: Acts Of Assembly Chapter Text (chap0469) on 04/11/2022
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Virginia 2022 Regular Session
Medical malpractice actions, certain; limitation on recovery. [SB-599]
Limitation on recovery in certain medical malpractice actions. Provides that the limits on recovery in medical malpractice cases shall not apply when the plaintiff has sustained certain catastrophic injuries. Limitation on recovery in certain medical malpractice actions. Provides that the limits on recovery in medical malpractice cases shall not apply when the plaintiff has sustained certain catastrophic injuries.
Sponsored by: Sen. William Stanley
Passed By Indefinitely In Judiciary With Letter (12-y 3-n) on 02/07/2022