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2017 SESSION

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SB 1413 Immunity of persons; statements regarding matters of public concern communicated to a third party.

Introduced by: Glen H. Sturtevant, Jr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Immunity of persons; defamation; statements regarding matters of public concern communicated to a third party; statements made at a public hearing. Adds defamation to the causes of action from which a citizen shall be immune when making statements (i) regarding matters of public concern to a third party or (ii) 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. The bill further provides that the immunity does not apply to any statements made with actual or constructive knowledge that they are false, or with reckless disregard for whether they are false. This bill is identical to HB 1941.

SUMMARY AS PASSED SENATE:

Immunity of persons; defamation; statements regarding matters of public concern communicated to a third party. Adds defamation to the causes of action from which a citizen shall be immune when making statements (i) regarding matters of public concern, as defined in the bill, to a third party or (ii) 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.

SUMMARY AS INTRODUCED:

Immunity of persons; defamation; statements regarding matters of public concern communicated to a third party; statements made at a public hearing. Adds defamation to the causes of action from which a citizen shall be immune when making statements (i) regarding matters of public concern, as defined in the bill, to a third party or (ii) 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. The bill changes from permissive to mandatory the provision that reasonable attorney fees and costs be awarded to any individual who has a suit against him dismissed pursuant to such immunity. The bill requires the court to give priority on its docket to any pleading brought invoking such immunity.