Bill Text: VA HB2111 | 2019 | Regular Session | Prefiled
Bill Title: Immunity from civil liability; abuse of process, malicious prosecution, or emotional distress.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2019-02-05 - Left in Courts of Justice [HB2111 Detail]
Download: Virginia-2019-HB2111-Prefiled.html
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 for statements made at public hearing or communicated to third party; statements made in the course of judicial proceedings; communications regarding potential criminal conduct.
A. A person shall be immune from civil liability for a
violation of §18.2-499, a claim of tortious interference with an existing
contract or a business or contractual expectancy, or a claim of defamation, abuse of process, malicious
prosecution, or intentional infliction of emotional distress
based solely on statements
(i) statements regarding matters
of public concern that would be protected under the First Amendment to the
United States Constitution made by that person that are communicated to a third
party or; (ii) statements
made 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; (iii) statements
made in the course of judicial proceedings; or (iv) any
written or oral communication made to any agent or officer of any federal,
state, or local government branch or agency
relating to potential criminal conduct. The immunity
provided by this section shall not apply to any statements made with actual or
constructive knowledge that they are false or with reckless disregard for
whether they are false.
B. 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.
