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2008 SESSION
081520333Be it enacted by the General Assembly of Virginia:
1. That § 8.01-226.8 of the Code of Virginia is amended and reenacted, and that the Code of Virginia is amended by adding a section numbered 33.1-12.2 as follows:
§ 8.01-226.8. Civil immunity for public officials and private volunteers participating in certain programs for probationers.
Probation officers; court personnel; county, city and town
personnel; any other public officials; and private volunteers who participate
in a program where persons on probation or community service are ordered as a
condition of probation or community service to pick up litter along a section
of public roadway or waterway or,
to perform recycling duties at landfills, garbage transfer sites, and other
waste disposal systems, to mow rights-of-way or
to perform other landscaping maintenance tasks shall not be liable
for any civil damages to a probationer or person on community service, or the
property of such person, for acts or omissions resulting from such
participation, unless such act or omission is the result of willful misconduct.
The provisions of this section shall not be interpreted to grant any immunity
to a driver transporting the persons on probation or community service or a
motorist who, by his negligence, may injure such probationer or person on
community service.
§ 33.1-12.2. Commissioner to establish community service landscaping program.
The Commissioner shall establish a program whereby persons convicted of nonviolent misdemeanors who have received a suspended sentence or probation can fulfill their community service requirements by mowing rights-of-way and performing other landscaping maintenance tasks for roads and highways that the Department has the responsibility to maintain.