SB845: Local officials; shall not be questioned on any legislative speech, etc., without leave of court.


SENATE BILL NO. 845
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 7, 2011)
(Patron Prior to Substitute--Senator Petersen)
A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to legislative speech or debate of local elected officials.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 8.01-223.3 as follows:

§ 8.01-223.3. Legislative speech or debate of local elected officials.

An elected member of a local governing body shall not be compelled by law to be questioned on any speech or debate engaged in by the elected member during the exercise of his legislative powers without leave of court. However, the provisions of this section shall not restrict the power of the local governing body to regulate the conduct of its members.

SENATE BILL NO. 845
Offered January 12, 2011
Prefiled January 7, 2011
A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3, relating to speech or debate immunity; local officials.
Patron-- Petersen

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 8.01-223.3 as follows:

§ 8.01-223.3. Speech or debate immunity for local officials.

An elected or appointed official of a local or regional public body with legislative powers shall be immune from civil liability or criminal prosecution for any speech or debate engaged in by the official during the exercise of such legislative powers, and shall not be compelled by law to be questioned on such speech or debate in any other place without leave of court. However, the provisions of this section shall not restrict the power of the public body to regulate the conduct of its members.