Civil Remedies And Procedure

State (Virginia)
Virginia 2025 Regular Session

Health care; decision-making, definitions, medical aid in dying, penalties. [SB-280]
Health care; decision-making; end of life; penalties. Allows an adult diagnosed with a terminal disease to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life. 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 opportunity to rescind his request at any time. The bill makes (continued...)

  

Sponsored by: Sen. Jennifer Boysko Left In Courts Of Justice on 11/18/2024

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State (Virginia)
Virginia 2025 Regular Session

Virginia Abortion Care & Gender-Affirming Health Care Protection Act; established, civil penalties. [SB-278]
Virginia Abortion Care and Gender-Affirming Health Care Protection Act; reproductive and gender-affirming health care services; prohibitions on extradition for certain crimes; civil penalties. Establishes the Virginia Abortion Care and Gender-Affirming Health Care Protection Act. The bill provides that it is the policy of the Commonwealth that all persons are entitled to provide, receive, and help others provide or receive abortion care and gender-affirming health care services not prohibited under the laws of the Commonwealth, and that such provision, (continued...)

  

Sponsored by: Sen. Jennifer Boysko Left In Courts Of Justice on 11/19/2024

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State (Virginia)
Virginia 2025 Regular Session

Candidates for office; disqualification, affidavit of eligibility. [HB-363]
Disqualification from office under Section 3 of the Fourteenth Amendment to the United States Constitution; affidavit of eligibility for candidates for elective office; removal from office for current officeholders. Provides that any person who is found to have engaged in insurrection or rebellion against the United States or to have given aid or comfort to the enemies thereof shall be disqualified from holding any office of the Commonwealth or of its governmental units in accordance with Section 3 of the Fourteenth Amendment to the Constitution (continued...)

  

Sponsored by: Rep. David Reid Left In Privileges And Elections on 11/18/2024

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State (Virginia)
Virginia 2025 Regular Session

Synthetic media; use in furtherance of crimes involving fraud, etc., report. [HB-697]
Synthetic media; penalty. Expands the applicability of provisions related to defamation, slander, and libel to include synthetic media, defined in the bill. The bill makes it a Class 1 misdemeanor for any person to use any synthetic media for the purpose of committing any criminal offense involving fraud, constituting a separate and distinct offense with punishment separate and apart from any punishment received for the commission of the primary criminal offense. The bill also authorizes the individual depicted in the synthetic media to bring a (continued...)

  

Sponsored by: Rep. Nadarius Clark Left In Courts Of Justice on 11/19/2024

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State (Virginia)
Virginia 2025 Regular Session

Synthetic media; expands applicability of provisions related to defamation, etc., penalty. [SB-571]
Synthetic media; penalty. Expands the applicability of provisions related to defamation, slander, and libel to include synthetic media, defined in the bill. The bill makes it a Class 1 misdemeanor for any person to generate, create, or use or cause to be generated, created, or used any deceptive audio or visual media, defined in the bill, for the purpose of committing a criminal offense involving fraud. The bill creates a rebuttable presumption that such deceptive audio or visual media was generated or created for the purpose of committing such (continued...)

  

Sponsored by: Sen. Adam Ebbin Left In Courts Of Justice on 11/19/2024

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State (Virginia)
Virginia 2025 Regular Session

Sexual misconduct policies; SCHEV to convene task force on combating violence, civil penalty. [HB-369]
Institutions of higher education; sexual misconduct policies; civil penalty. Requires the State Council of Higher Education for Virginia to appoint and convene a task force on combating sexual violence for the purpose of developing a base sexual misconduct campus climate survey to be distributed to institutions of higher education no less than annually. The bill defines "institution of higher education" as any public institution of higher education or any private institution of higher education. The bill permits each institution of higher education (continued...)

  

Sponsored by: Rep. Dan Helmer Left In Rules on 11/18/2024

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State (Virginia)
Virginia 2024 Regular Session

Unprofessional conduct; disciplinary action against doctor for providing abortion care, etc. [SB-716]
Board of Medicine; unprofessional conduct. Prohibits the Board of Medicine from taking disciplinary action against a doctor based on the alleged provision or receipt of abortion care that is not prohibited under the laws of the Commonwealth, regardless of where such abortion care was provided or received. The bill also specifies that grounds for refusal to issue a certificate or license to any applicant or to take disciplinary action for procuring or performing an abortion apply to such action only as it is prohibited by the laws of the Commonwealth. (continued...)

  

Sponsored by: Sen. Jennifer Carroll Foy Passed By For The Day on 04/17/2024

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State (Virginia)
Virginia 2024 Regular Session

Unlawful detainer actions; no rental agreement between owner and occupant. [HB-1482]
Virginia Residential Landlord and Tenant Act; unlawful detainer action; emergency hearings. Provides for an emergency hearing to occur on a summons for unlawful detainer filed by an owner of a residential single family dwelling unit if the court finds based upon the evidence that (i) no rental agreement exists or has ever existed between the owner and the occupant; (ii) the occupant occupies such dwelling unit without permission of such owner; and (iii) the owner has given such occupant a written notice to vacate such dwelling unit at least 72 hours (continued...)

  

Sponsored by: Rep. James Leftwich Governor: Acts Of Assembly Chapter Text (chap0331) on 04/02/2024

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State (Virginia)
Virginia 2024 Regular Session

Subpoenas; release of witness. [HB-1435]
Subpoenas; release of witness. Makes the provisions governing a release of a witness from a subpoena applicable to a subpoena issued at the request of a party or by or at the request of an attorney representing a party. Under current law, these provisions apply to the release of a witness from an attorney-issued subpoena only. This bill is a recommendation of the Boyd-Graves Conference. Subpoenas; release of witness. Makes the provisions governing a release of a witness from a subpoena applicable to a subpoena issued at the request of a party or (continued...)

  

Sponsored by: Rep. Charniele Herring Governor: Acts Of Assembly Chapter Text (chap0487) on 04/04/2024

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State (Virginia)
Virginia 2024 Regular Session

Identity of persons communicating anonymously over Internet; procedure governing certain subpoenas. [HB-1413]
Identity of persons communicating anonymously over the Internet; procedure governing certain subpoenas in civil proceedings; social media companies and platforms. Applies the procedures governing certain subpoenas in civil proceedings, currently applicable to Internet service providers, to social media companies and platforms.

  

Sponsored by: Rep. Mike Cherry Left In Courts Of Justice on 02/13/2024

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State (Virginia)
Virginia 2024 Regular Session

Householder; exemptions from garnishment and lien. [HB-1339]
Exemptions from garnishment and lien; householder; total value. Increases from $25,000 to $50,000 the amount that a householder may hold exempt from the creditor process for real or personal property that the householder or his dependent uses as a principal residence. The bill also increases from $6,000 to $10,000 the amount a householder is entitled to hold exempt from the creditor process for his motor vehicle. The bill further provides that, beginning on April 1, 2027, any increases in exempt amounts shall be adjusted at three-year intervals (continued...)

  

Sponsored by: Rep. Marcus Simon Governor: Acts Of Assembly Chapter Text (chap0656) on 04/08/2024

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State (Virginia)
Virginia 2024 Regular Session

J.D. Power Official Used Car Guide; added to list of publications for retail value of vehicles. [HB-1335]
Motor vehicle value; J.D. Power Official Used Car Guide. Adds the J.D. Power Official Used Car Guide to the list of publications from which the retail value of an automobile is admissible as evidence of fair market value of such automobile in any civil or criminal case in which the price of an automobile is in issue.

  

Sponsored by: Rep. Michael Webert Governor: Acts Of Assembly Chapter Text (chap0480) on 04/04/2024

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State (Virginia)
Virginia 2024 Regular Session

Synthetic media; expands applicability of provisions related to defamation, etc., penalty. [SB-571]
Synthetic media; penalty. Expands the applicability of provisions related to defamation, slander, and libel to include synthetic media, defined in the bill. The bill makes it a Class 1 misdemeanor for any person to generate, create, or use or cause to be generated, created, or used any deceptive audio or visual media, defined in the bill, for the purpose of committing a criminal offense involving fraud. The bill creates a rebuttable presumption that such deceptive audio or visual media was generated or created for the purpose of committing such (continued...)

  

Sponsored by: Sen. Adam Ebbin Continued To 2025 In Courts Of Justice (14-y 0-n) on 02/12/2024

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State (Virginia)
Virginia 2024 Regular Session

Civil actions; filed on behalf of multiple persons. [SB-587]
Civil actions filed on behalf of multiple persons. Provides that a circuit court may enter an order joining, coordinating, consolidating, or transferring civil actions upon finding that separate civil actions brought by a plaintiff on behalf of multiple similarly situated persons involve common questions of law or fact and arise out of the same transaction, occurrence, or series of transactions or occurrences. Under current law, such order is permitted only where six or more plaintiffs have filed such actions. The bill further requires the Supreme (continued...)

  

Sponsored by: Sen. Lamont Bagby Incorporated By Courts Of Justice on 01/24/2024

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State (Virginia)
Virginia 2024 Regular Session

Medical malpractice; limitations on recovery, certain actions. [SB-493]
Medical malpractice; limitations on recovery; certain actions. Eliminates the cap on the recovery in actions against health care providers for medical malpractice where the act or acts of malpractice occurred on or after July 1, 2024, and occurred against a patient age 10 or younger.

  

Sponsored by: Sen. William Stanley Failed To Report (defeated) In Finance And Appropriations (6-y 9-n) on 02/08/2024

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State (Virginia)
Virginia 2024 Regular Session

Nuisance; action against adjoining property owner. [HB-1332]
Nuisance; action against adjoining property owner. Provides that a civil action may be brought by a property owner against the owner of an adjoining property alleged to be a nuisance for damages and reasonable attorney fees and costs. The bill further provides that a hearing held pursuant to such action shall be held 90 days after the filing of such action and that, if the defendant provides evidence that he has taken all actions necessary to correct the nuisance, the case shall be dismissed.

  

Sponsored by: Rep. James Morefield Left In Courts Of Justice on 02/13/2024

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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. [SB-638]
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: Sen. Emily Brewer Governor: Acts Of Assembly Chapter Text (chap0072) on 03/14/2024

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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. [SB-629]
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: Sen. Todd Pillion Governor: Acts Of Assembly Chapter Text (chap0126) on 03/20/2024

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State (Virginia)
Virginia 2024 Regular Session

Commercial entity offering social media accounts; restricted hours for minors, civil liability. [SB-532]
Commercial entity offering social media accounts; restricted hours for minors; civil liability. Provides that no commercial entity that offers social media accounts, as defined in the bill, shall knowingly or intentionally allow a minor to access his social media account during the hours of 12:00 a.m. to 6:00 a.m. unless the minor's parent, guardian, or legal custodian has provided permission for the minor to use such social media account during these hours. The bill provides that any commercial entity that violates these provisions shall be subject (continued...)

  

Sponsored by: Sen. Emily Brewer Passed By Indefinitely In Courts Of Justice (9-y 6-n) on 02/12/2024

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State (Virginia)
Virginia 2024 Regular Session

Debtor interrogatories; fieri facias, against whom a summons shall be issued. [HB-1248]
Debtor interrogatories; fieri facias; against whom a summons shall be issued. Requires the clerk of the court from which a fieri facias is issued to issue a summons against any person known or reasonably suspected to be a debtor to, or bailee of, the execution debtor in order to ascertain the personal estate of a judgment debtor provided the judgment creditor or his attorney files an affidavit stating as such. Under current law, such clerk of the court shall issue a summons against any debtor to, or bailee of, the execution debtor. As introduced, (continued...)

  

Sponsored by: Rep. Wren Williams Governor: Acts Of Assembly Chapter Text (chap0744) on 04/08/2024

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