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2011 SESSION

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11104558D
HOUSE BILL NO. 1457 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee on General Laws on February 1, 2011) (Patron Prior to Substitute--Delegate Marshall, R.G.) A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of Information Act; penalties for violation.

Be it enacted by the General Assembly of Virginia:

1.  That § 2.2-3714 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-3714. Violations and penalties.

In a proceeding commenced against members any officer, employee, or member of a public bodies body under § 2.2-3713 for a violation of § 2.2-3704, 2.2-3705.1 through 2.2-3705.8, 2.2-3706, 2.2-3707, 2.2-3708, 2.2-3708.1, 2.2-3710, 2.2-3711 or 2.2-3712, the court, if it finds that a violation was willfully and knowingly made, shall impose upon such officer, employee, or member in his individual capacity, whether a writ of mandamus or injunctive relief is awarded or not, a civil penalty of not less than $250$500 nor more than $1,000$2,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation, such civil penalty shall be not less than $1,000$2,000 nor more than $2,500$5,000.