HB1117: Immunity of persons at public hearing; awarding of reasonable attorney fees and costs.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; attorney fees; costs.
[H 1117]
Approved

 

Be 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 at public hearing.

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 based solely on statements made by that person 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.

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.


HOUSE BILL NO. 1117
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 17, 2016)
(Patrons Prior to Substitute--Delegates Loupassi and Peace [HB 690])
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; attorney fees; costs.

Be 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 at public hearing.

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 based solely on statements made by that person 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.

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.


HOUSE BILL NO. 1117
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on January 27, 2016)
(Patrons Prior to Substitute--Delegates Loupassi and Peace [HB 690])
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; attorney fees; costs.

Be 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 at public hearing.

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 made by that person 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.

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.

HOUSE BILL NO. 1117

Offered January 13, 2016
Prefiled January 13, 2016
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons at public hearing; defamation; attorney fees; costs.
Patron-- Loupassi

Committee Referral Pending

Be 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 at public hearing.

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 made by that person 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.

Any person who has a suit against him dismissed pursuant to the immunity provided by this section shall be awarded reasonable attorney fees and costs.