HB5097: Civil cause of action; intentional act/act of gross negligence by member of the Virginia Parole Bd.

HOUSE BILL NO. 5097

Offered August 20, 2020
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 4 of Title 53.1 a section numbered 53.1-140.1, relating to civil cause of action; intentional act or act of gross negligence by member of the Virginia Parole Board.
Patron-- Rush

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 4 of Title 53.1 a section numbered 53.1-140.1 as follows:

§ 53.1-140.1. Civil action against member of the Parole Board.

A. A member of the Parole Board shall be liable for compensatory and punitive damages to any person who is injured or killed by a prisoner released on parole pursuant to this chapter if there was an intentional act or act of gross negligence made by the member of the Parole Board in granting parole to such prisoner. If the plaintiff prevails in such an action, in addition to any monetary relief, the court may award reasonable attorney fees and costs.

B. No immunities, including sovereign, qualified, and quasi-judicial, or limitations on liability or damages shall apply to claims brought pursuant to this section.