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2023 SESSION

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Senate Committee on Judiciary
Subcommittee Civil Law

Petersen (Chair), Lucas, Stuart, Obenshain, Saslaw, Boysko

Clerk: Michael Jackson, Claire Dunn
Staff: C. Quagliato, S. Miller-Bryson
Date of Meeting: February 13, 2023
Time and Place: 4 PM / Subcommittee Room 3 / 5th Floor Pocahontas Building

H.B. 1757

Patron: Campbell, J.L.

Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States 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. Current law specifies that such immunity to civil liability is for specific claims. The bill further provides that any order resolving a plea of immunity shall be treated like an interlocutory appeal. The bill allows for the recovery of reasonable attorney fees and costs when any assertion of immunity is denied and found to be in violation of the sanctions statute. This bill is a recommendation of the Boyd-Graves Conference.

A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons; tort actions; assertion of immunity; attorney fees and costs.

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