Bill Text: VA HB1757 | 2023 | Regular Session | Chaptered
Bill Title: Immunity of persons; tort actions, assertion of immunity, attorney fees and costs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2023-03-24 - Governor: Acts of Assembly Chapter text (CHAP0462) [HB1757 Detail]
Download: Virginia-2023-HB1757-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §8.01-223.2 of the Code of Virginia is amended and reenacted as follows:
§8.01-223.2. Immunity of persons for statements made at public hearing or communicated to third party.
A. A person shall be immune from civil tort
liability for a violation of §18.2-499, a claim of tortious interference
with an existing contract or a business or contractual expectancy, or a claim
of defamation if the tort claim is based solely on statements (i)
regarding matters of public concern that would be protected under the First
Amendment to the Constitution of the United States Constitution
made by that person that are communicated to a third party or,
(ii) made at a public hearing before, or otherwise communicated to, the
governing body of any locality or other political subdivision, or the boards,
commissions, agencies and authorities thereof, and other governing bodies of
any local governmental entity concerning matters properly before such body,
or (iii) made by an employee against an employer where retaliatory action
arising from such statements is prohibited by §40.1-27.3.
B. The immunity provided by this section shall not
apply to any statements made with actual or constructive knowledge that
they are the declarant knew or should have known were false or
were made with reckless disregard for whether they are were
false.
B. C. Any person who has a suit against him
dismissed or a witness subpoena or subpoena duces tecum quashed, or
otherwise prevails in a legal action, pursuant to the immunity provided by
this section may be awarded reasonable attorney fees and costs.
