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Criminal subcommittee advances consumer-protection, trust and court-procedure bills; list of committee actions
Summary
The subcommittee voted to report a bundle of bills out of committee, including an automatic $500 garnishment protection, a tweak to Virginia—s anti-SLAPP law, and changes to trust and records rules. Vote tallies and motions are summarized below.
The Criminal Subcommittee met to consider multiple bills on consumer protection, civil procedure and court administration and voted to report most of them to the next stage. Major items approved included a bill to automatically protect $500 in bank accounts from garnishment, an expansion of trustee powers for loan guarantees, changes to subpoena and medical-record access rules for benefits claims, and a revision to the state—s anti-SLAPP statute to cover certain official proceedings.
Why it matters: the committee approved several technical and procedural changes that affect creditors and debtors, trust administration, subpoena practice and protections for people who participate in adjudicatory or investigatory processes. One bill that drew extended testimony — a proposed expansion of the state—s anti-SLAPP protections to statements made in certain official proceedings — passed with an amendment to make sanctions discretionary.
Votes at a glance: - HB 1864 (automatic $500 garnishment protection; substitute adopted): reported out 6–0. Motion: report with substitute. Patron: Delegate Hernandez. Key supporters included representatives of the Virginia Poverty Law Center and multiple banking and credit-union trade groups. - HB 2476 (automatic substitution of public officials in litigation, mirrors federal Rule 25(d)): reported out 6–0. Motion: report with substitute. Patron: Delegate Henson. Supported by the Virginia Bar Association. - HB 2477 (clarify durability of access easements to simplify real-estate transactions): reported out 6–0. Motion: report. Patron: Delegate Henson. - HB 2115 (judge—s discretion to subpoena children in custody/visitation/support matters): reported out 6–0. Motion: report. Patron: Delegate Keesegomarra. Supported by the Virginia Poverty Law Center and the Family Law Coalition. - HB 1882 (allow military protective orders to be considered in preliminary protective-order proceedings; excluded from final protective-order proceedings): reported out 6–0 with substitute. Motion: report with substitute. Patron: Delegate Sewell. Support came from the Family Law Coalition and Virginia Poverty Law Center; language excludes MPOs from final protective-order hearings to address due-process concerns. - HB 1629 (one free copy of a patient—s health record to support a benefits claim; additional copies subject to reasonable fees): reported out 7–0 with substitute. Motion: report with substitute. Patron: Delegate Thomas. Support from the Medical Society of Virginia and health-records vendors. - HB 2243 (clarify trustees— authority to pledge trust property to guarantee loans): reported out 6–0. Motion: report. Patron: Delegate Cousins. - HB 1888 (amend anti-SLAPP law to include statements "made at or in connection with an official proceeding authorized by law," add fee awards; substitute amended to make sanctions discretionary): substitute as amended reported out 6–1. Motion: report substitute as amended. Patron: Delegate Simon. Testimony included a Title IX complainant describing a multimillion-dollar retaliatory suit; committee changed a mandatory-sanctions provision to discretionary. - HB 2565 (allow person whose records are sought to object and require movant to seek enforcement; amended language adopted): reported out 7–0 as amended and referred to Appropriations. Motion: report as amended and refer to Appropriations. Patron: Delegate Leftwich. - HB 2316 was stricken at the patron—s request (motion to strike granted 6–0). - HB 2259 was allowed to go by for the day (motion carried).
Committee procedure and next steps: the subcommittee—s majority votes mean those bills will proceed to the next referral or to the full committee as indicated. Several bills passed with unanimous committee support; the anti-SLAPP change produced the most extended testimony and a final amendment to make sanctions discretionary rather than mandatory.
Details and context for individual bills are available in the committee record and in separate committee reports for items that drew substantive public testimony.
