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