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2005 SESSION

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054351232
HOUSE BILL NO. 2267 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on January 31, 2005) (Patron Prior to Substitute--Delegate Bell) A BILL to amend and reenact § 8.01-220.1:2 of the Code of Virginia, relating to civil immunity for reporting incidents of bullying.

Be it enacted by the General Assembly of Virginia:

1.  That § 8.01-220.1:2 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-220.1:2. Civil immunity for teachers under certain circumstances.

A. Any teacher employed by a local school board in this the Commonwealth shall not be liable for any civil damages for any acts or omissions resulting from the supervision, care or discipline of students when such acts or omissions are within such teacher's scope of employment and are taken in good faith in the course of supervision, care or discipline of students, unless such acts or omissions were the result of gross negligence or willful misconduct.

B. No school employee or school volunteer shall be liable for any civil damages arising from reporting alleged acts of bullying or crimes against others, if such person in good faith promptly reports such acts or crimes to the appropriate school official in compliance with specified procedures.

BC. This section shall not be construed to limit, withdraw or overturn any defense or immunity already existing in statutory or common law or to affect any claim occurring prior to the effective date of this law, or to prohibit any person subject to bullying or a criminal act from seeking redress under any other provision of law.