Civil Remedies And Procedure
Virginia 2022 Regular Session
Charitable gaming; strengthens enforcement and penalties. [SB-566]
Charitable gaming; enforcement and penalties. Strengthens the penalties that may be imposed for violations of charitable gaming law, allows for an action for pretrial levy or seizure or an attachment for a defendant who violates any provision of charitable gaming law, and requires the Department of State Police to assist the Virginia Department of Agriculture and Consumer Services in the conduct of investigations of charitable gaming violations.
Sponsored by: Sen. Frank Ruff
Incorporated By General Laws And Technology on 02/02/2022
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Gettr Virginia 2022 Regular Session
Certain crimes committed while participating in a riot; civil action for damages caused. [SB-531]
Certain crimes committed while participating in a riot; civil action for damages caused during a riot or unlawful assembly; affirmative defense; reduction in law-enforcement agency operating budget; penalty. Creates a civil action for damages caused during a riot or unlawful assembly if a person with the lawful authority to direct a law-enforcement agency uses that authority to prohibit law-enforcement officers from taking action that would prevent or materially mitigate significant bodily injury, death, or damage or destruction of property caused
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Sponsored by: Sen. John Cosgrove
Passed By Indefinitely In Judiciary (8-y 7-n) on 02/02/2022
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Virginia 2022 Regular Session
Sexually explicit visual material to another; civil action for dissemination of images, penalty. [SB-493]
Civil action for the dissemination of sexually explicit visual material to another. Provides that any person 18 years of age or older who knowingly transmits an intimate image, as defined in the bill, by computer or other electronic means to the computer or electronic communication device of another person 18 years of age or older when such other person has not consented to the use of his computer or electronic communication device for the receipt of such material or has expressly forbidden the receipt of such material shall be considered a trespass
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Sponsored by: Sen. Jennifer McClellan
Governor: Acts Of Assembly Chapter Text (chap0523) on 04/11/2022
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Virginia 2022 Regular Session
Child abuse and neglect; limitations period on sexual abuse of a minor claims, background check. [SB-483]
Child abuse and neglect; limitations period on sexual abuse of a minor claims; background check and training requirements for youth sports coaches and staff. Eliminates the civil statute of limitations period for injury resulting from sexual abuse occurring during the infancy of the abused person and allows persons who have previously been time-barred from filing such an action due to the expiration of the limitations period in effect prior to July 1, 2022, to file such an action. The bill requires youth sports leagues to (i) require all coaches,
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Sponsored by: Sen. Jennifer McClellan
Committee Substitute Printed To Lis Only 22106010d-s1 on 02/07/2022
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Virginia 2022 Regular Session
Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer. [SB-474]
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.
Sponsored by: Sen. Jennifer McClellan
Governor: Vetoed By Governor on 05/27/2022
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Virginia 2022 Regular Session
Alcohol; liability for sale to an underage person. [SB-555]
Liability for sale of alcohol to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee who sells alcohol to an underage person who was visibly intoxicated if the consumption of the alcohol caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The plaintiff must prove such negligence by a clear and convincing evidence standard.
Sponsored by: Sen. Emmett Hanger
Failed To Report (defeated) In Judiciary (4-y 10-n) on 02/02/2022
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Virginia 2022 Regular Session
Illegal gaming devices; manufacturing, etc., device, civil penalty. [SB-530]
Illegal gaming devices; Virginia Fraud Against Taxpayers Act; civil penalty. Adds the manufacturing for sale, selling, or distributing of an illegal gaming device while knowing that it is or is intended to be operated in the Commonwealth in violation of the law to the list of violations for which a civil penalty may be assessed against a person who is found to have committed such violation. The bill also adds a knowledge requirement to the existing violation of possessing or controlling an illegal gambling device. The bill also provides for a civil
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Sponsored by: Sen. Bryce Reeves
Governor: Acts Of Assembly Chapter Text (chap0553) on 04/11/2022
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Virginia 2022 Regular Session
Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. [SB-379]
Capital murder; death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. Authorizes punishment by death for the willful, deliberate, and premeditated killing of a law-enforcement officer.
Sponsored by: Sen. John Cosgrove
Passed By Indefinitely In Judiciary (9-y 6-n) on 02/07/2022
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Virginia 2022 Regular Session
Fiduciaries; payment of small amounts to certain persons without involvement, threshold amount. [HB-1132]
Payment of small amounts to certain persons without involvement of fiduciary; threshold. Increases from $25,000 to $50,000 the amount under which a payment to certain persons may be made without the involvement of a fiduciary.
Sponsored by: Rep. Wren Williams
Governor: Acts Of Assembly Chapter Text (chap0317) on 04/11/2022
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Virginia 2022 Regular Session
Alcohol or marijuana product; liability for sale to an underage person. [HB-984]
Liability for sale of alcohol or marijuana product to an underage person. Creates a cause of action against an alcoholic beverage control retail licensee or cannabis control retail licensee who sells alcohol or a marijuana product to an underage person if the consumption of the alcohol or marijuana product caused or contributed to an injury to person or property while the underage person operated a motor vehicle. The provisions of this act related to the sale of marijuana products have a delayed effective date of January 1, 2024.
Sponsored by: Rep. G. Avoli
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Health care; decision making, end of life, penalties. [HB-1095]
Health care; decision making; Health care; decision making; end of life; penalties. Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life in a humane and dignified manner. The bill requires that a patient's request for a self-administered controlled substance to end his life must be given orally on two occasions and in writing, signed by the patient and one witness, and that the patient be given an express
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Sponsored by: Rep. L. Kaye Kory
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Civil action for the deprivation of rights; duties and liabilities of certain employers. [HB-609]
Civil action for the deprivation of rights; duties and liabilities of certain employers. Creates a civil cause of action for the deprivation of any rights, privileges, or immunities pursuant to the constitutions and laws of the United States and the Commonwealth due to the acts or omissions of either a public employer or its employee and provides that a plaintiff may maintain an action to establish liability and recover compensatory damages, punitive damages, and equitable relief against the public employer and its employee. The bill provides that
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Sponsored by: Rep. L. Kaye Kory
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Appeals bond; removes requirement for indigent parties to post, appeal of unlawful detainer. [HB-614]
Requirement for appeals bond; indigent parties; appeal of unlawful detainer. Removes the requirement for an indigent defendant, as defined in the bill, to post an appeal bond in an unlawful detainer action appealed from the general district court.
Sponsored by: Sen. Lamont Bagby
Governor: Vetoed By Governor on 05/27/2022
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Virginia 2022 Regular Session
Virginia Freedom of Information Act; disclosure of certain criminal records. [HB-734]
Virginia Freedom of Information Act; disclosure of certain criminal records. Provides that (i) criminal investigative files relating to a criminal investigation or proceeding that is not ongoing are excluded from the mandatory disclosure provisions of the Virginia Freedom of Information Act, though they may be disclosed by the custodian of such records to certain individuals except as otherwise provided in the bill, and (ii) with the exception of disclosure to an attorney representing a petitioner or inspection by an attorney or a person proceeding
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Sponsored by: Rep. Robert Bell
Governor: Acts Of Assembly Chapter Text (chap0386) on 04/11/2022
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Virginia 2022 Regular Session
Health records; patient's right to disclosure. [SB-350]
Health records; patient's right to disclosure. Requires a health care entity to include in its disclosure of an individual's health records any changes made to the health records and an audit trail for such records if the individual specifically requests that such information be included in the health records disclosure. The bill permits the health care entity to charge the requester reasonable costs to produce an audit trail, if specifically requested. Health records; patient's right to disclosure. Requires a health care entity to include in its
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Sponsored by: Sen. Scott Surovell
Governor: Acts Of Assembly Chapter Text (chap0534) on 04/11/2022
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Virginia 2022 Regular Session
Nonsuits; appeals from judgment of a general district court. [HB-782]
Nonsuits; appeals from judgment of a general district court; emergency. Permits a plaintiff to nonsuit a claim appealed from a general district court in a circuit court. As introduced, the bill was a recommendation of the Boyd-Graves Conference. The bill contains an emergency clause. Nonsuits; appeals from judgment of a general district court; emergency. Permits a plaintiff to nonsuit a claim appealed from a general district court in a circuit court. As introduced, the bill was a recommendation of the Boyd-Graves Conference. The bill contains an
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Sponsored by: Rep. Jason Ballard
Governor: Acts Of Assembly Chapter Text (chap0206) on 04/08/2022
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Virginia 2022 Regular Session
Person under a disability; parties unknown. [HB-678]
Person under a disability; parties unknown. Includes in the definition of "person under a disability" persons made defendants by the general description of "parties unknown" in suits involving real property. This bill is a recommendation of the Boyd-Graves Conference.
Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0299) on 04/11/2022
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Virginia 2022 Regular Session
Service of process; investigator employed by an attorney for the Commonwealth, etc. [HB-682]
Service of process; investigator employed by an attorney for the Commonwealth or Indigent Defense Commission. Provides that all investigators employed by an attorney for the Commonwealth or by the Indigent Defense Commission while engaged in the performance of their official duties when serving witness subpoenas shall not be considered a party or otherwise interested in the subject matter in controversy and, thus, are authorized to serve process to such witnesses.
Sponsored by: Rep. Patrick Hope
Governor: Acts Of Assembly Chapter Text (chap0684) on 04/11/2022
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Virginia 2022 Regular Session
Capital murder; death penalty for willful, deliberate, etc., killing of a law-enforcement officer. [HB-661]
Capital murder; death penalty for the willful, deliberate, and premeditated killing of a law-enforcement officer. Authorizes punishment by death for the willful, deliberate, and premeditated killing of a law-enforcement officer.
Sponsored by: Rep. William Wampler
Left In Courts Of Justice on 02/15/2022
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Virginia 2022 Regular Session
Hospices, home care organizations, private providers, etc; immunity from liability. [HB-569]
Hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from liability. Repeals the provision that a licensed hospice, home care organization, private provider, assisted living facility, or adult day care center that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services
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Sponsored by: Rep. Nadarius Clark
Stricken From Docket By Courts Of Justice (18-y 0-n) on 01/28/2022