Servicemembers Civil Relief Act; appointed counsel may issue subpoena for all discoverable files. (SB27)

Introduced By

Sen. Bryce Reeves (R-Spotsylvania) with support from co-patrons Del. Mark Cole (R-Fredericksburg), and Del. Marcus Simon (D-Falls Church)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Servicemembers Civil Relief Act; appointment of counsel to represent servicemember. Requires any counsel appointed to represent a defendant pursuant to the Servicemembers Civil Relief Act (SCRA) to exercise due diligence in such representation. The bill also requires the plaintiff in a case in which counsel has been appointed under the SCRA to promptly deliver all discoverable electronic and print files to the appointed counsel upon request. The bill further provides that counsel appointed pursuant to the SCRA shall not be selected by the plaintiff or have any affiliation with the plaintiff. Amends § 8.01-15.2, of the Code of Virginia. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
12/10/2015Prefiled and ordered printed; offered 01/13/16 16100580D
12/10/2015Referred to Committee for Courts of Justice
01/18/2016Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
01/18/2016Committee substitute printed 16104435D-S1
01/19/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
01/20/2016Engrossed by Senate - committee substitute SB27S11
01/20/2016Read second time
01/20/2016Reading of substitute waived
01/20/2016Committee substitute agreed to 16104435D-S1
01/20/2016Engrossed by Senate - committee substitute SB27S1
01/21/2016Read third time and passed Senate (38-Y 0-N) (see vote tally)
02/03/2016Placed on Calendar
02/03/2016Read first time
02/03/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/22/2016Subcommittee recommends reporting with amendment(s) (10-Y 0-N)
02/24/2016Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally)
02/25/2016Read second time
02/26/2016Read third time
02/26/2016Committee amendments agreed to
02/26/2016Passed by for the day
02/29/2016Passed by for the day
03/01/2016Read third time
03/01/2016Engrossed by House as amended
03/01/2016Passed House with amendments (92-Y 0-N 1-A)
03/01/2016VOTE: PASSAGE (92-Y 0-N 1-A) (see vote tally)
03/03/2016House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/07/2016Enrolled
03/07/2016Bill text as passed Senate and House (SB27ER)
03/07/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill Communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 643 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0643)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

21, IN FIRE OF DEATH, THEY MUST BE REASONABLE IN FEAR OF DEATH ON THE STALKING BILL. MOVE THAT WE CONDUR WITH THE HOUSE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS 0. AYES 39, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENT. SENATE BILL 342 HAS PASSED THE HOUSE WITH AMENDMENT. THE SENATOR FROM PORTSMOUTH, SENATOR LUCAS. YES, SIR, MR. PRESIDENT. THANK YOU VERY MUCH. I MOVE THAT WE CONCUR WITH THE HOUSE AMENDMENT. SPEAKING TO THAT, MR. PRESIDENT. THE SENATOR HAS THE FLOOR. THE AMENDMENTS THAT WERE
THE SENATOR FROM SPOTSYLVANIA, SENATOR REEVES. THANK YOU, MR. PRESIDENT. I LOVE THAT WE CONCUR WITH THE HOUSE AMENDMENTS AND SPEAK TO THOSE. THE SENATOR HAS THE FLOOR. MR. PRESIDENT, MEMBER OF THE BODY, THE THERE ARE A FEW TECHNICAL AMENDMENTS THAT HAVE TO ALIGN THE CORRECT CODE SECTION UNDER THE UNITED STATES CODE UNDER THE FEDERAL CODE WITH THIS ACT. THE OTHER PART OF IT PROBABLY HELPS IT A LITTLE BIT BY ALLOWING THE OPTION FOR THE PLAINTIFFS OR COUNSEL FOR THE PLAINTIFFS MAY PROVIDE A LIST OF ATTORNEYS FAMILIAR WITH THIS SPECIFIC ACT OF FEDERAL CODE THAT LASS TO DO WITH SERVICE MEMBERS, SO I WOULD MOVE WE CONCUR IN THE AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE AMENDMENTS. RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENTS. SENATE BILL 137, PASSED THE HOUSE WITH AMENDMENT. THE SENATOR FROM ARLINGTON, SENATOR FAVOLA. THANK YOU, MR. PRESIDENT. I MOVE THAT THE AMENDMENT BE