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2017 SESSION
17105353DBe 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. For purposes of this section, "matters of public concern" means matters of interest to the community, which are written or spoken statements relating to (i) an issue properly before a governing body or (ii) an issue reasonably likely to encourage consideration or review by a governing body.
B. A person shall be immune from civil liability for a
violation of § 18.2-499 or, a claim of tortious interference with
an existing contract or a business or contractual expectancy, or a claim of
defamation based solely on statements (i) regarding matters of public
concern made by that person that are communicated to a third party or
(ii) made at a public hearing before 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. The immunity provided by
this section shall not apply to any statements made with knowledge that they
are false, or reckless disregard for whether they are false.
C. Any person who has a suit against him dismissed pursuant to the immunity provided by this section may be awarded reasonable attorney fees and costs.