Immunity of persons; statements regarding matters of public concern communicated to a third party. (SB1413)

Introduced By

Sen. Glen Sturtevant (R-Midlothian) with support from co-patron Sen. Adam Ebbin (D-Alexandria)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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. Amends § 8.01-223.2, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2017Prefiled and ordered printed; offered 01/11/17 17103698D
01/11/2017Referred to Committee for Courts of Justice
02/01/2017Reported from Courts of Justice with substitute (13-Y 2-N) (see vote tally)
02/01/2017Committee substitute printed 17105092D-S1
02/03/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/06/2017Read second time
02/06/2017Reading of substitute waived
02/06/2017Committee substitute agreed to 17105092D-S1
02/06/2017Engrossed by Senate - committee substitute SB1413S1
02/07/2017Read third time and passed Senate (38-Y 2-N) (see vote tally)
02/09/2017Placed on Calendar
02/09/2017Read first time
02/09/2017Referred to Committee for Courts of Justice
02/09/2017Assigned Courts sub: Civil Law
02/13/2017Subcommittee recommends reporting with amendments (8-Y 1-N)
02/20/2017Reported from Courts of Justice with substitute (17-Y 4-N) (see vote tally)
02/20/2017Committee substitute printed 17105470D-H1
02/21/2017Read second time
02/22/2017Read third time
02/22/2017Committee substitute agreed to 17105470D-H1
02/22/2017Engrossed by House - committee substitute SB1413H1
02/22/2017Passed House with substitute (77-Y 20-N)
02/22/2017VOTE: PASSAGE (77-Y 20-N) (see vote tally)
02/23/2017House substitute rejected by Senate (2-Y 38-N) (see vote tally)
02/23/2017House insisted on substitute
02/23/2017House requested conference committee
02/23/2017Senate acceded to request (39-Y 0-N) (see vote tally)
02/23/2017Conferees appointed by Senate
02/23/2017Senators: Obenshain, Petersen, Sturtevant
02/23/2017Conferees appointed by House
02/23/2017Delegates: Kilgore, Minchew, Bell, John J.
02/25/2017C Amended by conference committee
02/25/2017Conference substitute printed 17105897D-S2
02/25/2017Conference report agreed to by Senate (40-Y 0-N) (see vote tally)
02/25/2017Conference report agreed to by House (95-Y 0-N)
02/25/2017VOTE: ADOPTION (95-Y 0-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed Senate and House (SB1413ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/13/2017Enrolled Bill Communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/16/2017G Approved by Governor-Chapter 597 (effective 7/1/17)
03/16/2017G Acts of Assembly Chapter text (CHAP0597)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 4 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Chap Petersen (D-Fairfax): THANK YOU, MR. PRESIDENT. I WOULD CERTAINLY WELCOME THE SUPPORT OF THE THIRD FLOOR. THERE ARE CHALLENGES. THIS IS A PRIVATE-PUBLIC PARTNERSHIP IN A WAY AND IT WILL SAVE VIRGINIA MONEY. RIGHT NOW WE'RE SPENDING ABOUT $480,000 A YEAR ON K-12 FULL-TIME VIRTUAL EDUCATION PROVIDED BY THE DEPARTMENT OF EDUCATION, AND THIS IS A ONE-TIME INVESTMENT THAT IS SELF-SUSTAINING. THERE ARE NUANCES AND IT IS COMPLICATED, BUT I MOVE THE BILL, PLEASE.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1240 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 23, NOS 17. AYES 23, NOS 17. THE BILL PASSES. SENATE BILL 1283, A BILL RELATING TO PUBLIC SCHOOLS, REGIONAL CHARTER SCHOOL DIVISIONS. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN SHANE.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, CAN THAT GO BYE TEMPORARILY.

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, SB 1218 WILL GO BYE TEMPORARILY.

Sen. Mark Obenshain (R-Harrisonburg): SENATE BILL 1344, A BILL RELATING TO IN-CAMERA INTERVIEWS OF CHILD IN CUSTODY OR VISITATION PROCEEDING, COURT'S DISCRETION TO MAKE RECORD OR TRANSCRIPT AVAILABLE.

[Unknown]: THE SENATOR FROM EASTERN FAIRFAX COUNTY, SENATOR SUROVELL.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU MR. SPEAKER PRESIDENT. I MOVE TO PASS THE BILL AND SPEAKING TO THE BILL.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Scott Surovell (D-Mount Vernon): THANK YOU. LADIES AND GENTLEMEN OF THE SENATE, THIS LEGISLATION MAKES VIRGINIA CODE CONSISTENT WITH AND PRECEDENT OF THE VIRGINIA THE UNITED STATES CONSTITUTION COURSE OF APPEALS. RIGHT NOW THE CODE -- AN IN-CAMERA INTERVIEW OF A CHILD OCCURS WHEN A JUDGE WANTS TO GO BACK AND INTERVIEW A CHILD WITHOUT EITHER THE ATTORNEYS OR THE PARENTS PRESENT FOR THE RIGHT NOW THE CODE REQUIRES THE INTERVIEW. COURT TO MAKE A RECORD OF THAT. IF THE INTERVIEW OCCURS IN A CIRCUIT COURT, BUT IN A JUVENILE DOMESTIC RELATIONS COURT, THE CODE DOES NOT REQUIRE A TRANSCRIPT OR RECORD TO BE MADE. BACK IN, I THINK 1996, IF ANY OF THE LAWYERS WANT TO READ THE CASE, THE COURT OF APPEALS IN VIRGINIA HELD THAT A PARENT, DUE TO THEIR FUNDAMENTAL LIBERTY INTERESTS UNDER THE UNITED STATES CONSTITUTION, HAS A CONSTITUTIONAL RIGHT TO HAVE A TRANSCRIPT OF THAT PROCEEDING MADE OR A RECORD OF THAT


[Unknown]: HOPE IT WOULD BE THE PLEASURE OF THE HOUSE TO PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): SHALL THE BILL PASS? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 98, NOS 2. AYES 98, NOS 2. THE BILL IS PASSED. SENATE BILL 1285. A BILL TO AMEND AND REENACT VARIOUS SECTIONS OF THE CODE OF VIRGINIA RELATING TO RESTITUTION. REPORTED FROM THE COMMITTEE FOR OF JUSTICE WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM ALBERMARLE, MR. BELL.

[Unknown]: I HAVE A FLOOR SUBSTITUTE AND A COMMITTEE SUBSTITUTE.

Del. Terry Kilgore (R-Gate City): FIRST WE HAVE TO GET RID OF THE COMMITTEE SUBSTITUTE. VOTE ON THE COMMITTEE SUBSTITUTE AND IF THAT IS REJECTED THEN WE CAN VOTE ON THE FLOOR SUBSTITUTE.

[Unknown]: WE DON'T HAVE A FLOOR SUBSTITUTE. WE'RE ON SENATE BILL 1285. COULD THIS GO BY TEMPORARILY. I MUST HAVE LOST MY PLACE. COULD WE COME BACK TO THAT. I'M SORRY.

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, BY TEMPORARILY.


[Unknown]: I do have one more question if the gentleman will yield. will the gentleman yield? I yield. the gentleman yields. are the standards that apply to nonreligious apply to religious. If that is the answer I will vote for this bill. the answer is yes they are all treated the same. thank you, Mr. Speaker.

Del. Bill Howell (R-Fredericksburg): shall the conference report be adopted?

[Unknown]: Members, please take your seats.