SB 375 — Immunity of persons; statements regarding matters of public concern or made at a public hearing.

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SESSION history | hilite | pdf | print version 20107641D20108556D SENATE BILL NO.

375 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the SenateHouse Committee onfor theCourts Judiciaryof Justice on February 10,28, 2020) (Patron Prior to Substitute--Senator Edwards) A BILL to amend the Code of Virginia by adding a section numbered 8.01-223.3 and reenactto repeal § 8.01-223.2 of the Code of Virginia, relating to immunitystrategic oflawsuits persons;against public participation;

statementsspecial regardingmotion mattersto ofdismiss; public concern or made at a public hearing;

specialstay pleaof todiscovery; dismiss;

stayfees ofand discovery.costs.

That § 8.01-223.2 of the Code of Virginia is amended andby reenactedadding a section numbered 8.01-223.3 as follows:

§ 8.01-223.2.8.01-223.3.

ImmunityStrategic oflawsuits personsagainst for statements made at public hearingparticipation; or communicated to third party.

procedures.

AFor 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 based solely on statements (i) regarding matters of public concern that would be protected under the Firstpurposes Amendment to the United States Constitution or Article I, Section 12 of thethis Constitutionsection: of Virginia made by that person that are communicated to a third party or (ii) 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.

The"Matter immunityof providedpublic byconcern" thismeans section shall not apply to any statementsoral madestatement withmade, actual or constructivewritten knowledgestatement that they are false or withother recklessdocument disregardsubmitted, for(i) whetherin a highlegislative, degreeexecutive, ofor awarenessjudicial thatproceeding theyor areother probablyproceeding false.authorized by law;

(ii) in connection with an issue or other proceeding authorized by law under consideration or review by a legislative, executive, or judicial body;

(iii) in connection with a public official, public figure, or other person who has drawn public attention due to the person's official acts, fame, notoriety, or celebrity;

(iv) in connection with an issue of political, social, or other significance to a local community or neighborhood;

or (v) in connection with an issue related to public health, public safety, protection of survivors of violence, abuse, or exploitation, environmental protection, civil rights, civil liberties, or a government entity or election.

"Matter of public concern" shall not be construed to include private interests, such as statements directed primarily toward protecting the defendant's commercial interests, rather than commenting on or sharing information about a matter of public concern.

"Strategic lawsuit against public participation" or "SLAPP" means a civil claim against a defendant based on, or in response to, the defendant's lawful exercise of the constitutional right to petition or free speech on a matter of public concern.

A personparty claimingalleging immunitythat pursuanta toclaim thisfiled sectionagainst him is a SLAPP may file a special pleamotion to dismissdismiss. the underlying claim.

UponSuch thespecial filingmotion of such a plea, discovery proceedings related to suchdismiss underlying claim shall be stayed,treated except as expresslya provideddemurrer herein,pursuant pendingto the§ entry8.01-273. of an order adjudicating such a plea.

AfterUpon consideration of the pleadingsfiling andof anysuch othera evidence,special whichmotion, may be developed by discovery limitedproceedings related to the issuesclaim raisedalleged byto thebe plea,a theSLAPP court shall eitherbe denystayed thepending plea or, if the courtentry determinesof thatan (i)order theadjudicating defendantsuch meetsa thespecial standardmotion in subsection A and (ii) the plaintiff has not alleged sufficient facts or failed to providedismiss. sufficient evidence to overrule the plea, shall sustain the plea and dismiss the claim with prejudice.

InThe anycourt hearingshall addressinghold thean specialexpedited plea,hearing theon courtsuch shallspecial reviewmotion anyto allegationsdismiss and evidenceissue underan theorder standardas outlinedsoon foras motionspracticable forafter summarysuch judgment.hearing.

If such special motion to dismiss is granted, dismissal of the SLAPP shall be with prejudice.

AnyIf personthe whomoving hasparty aprevails, suitin againstwhole himor dismissedin pursuantpart, on a special motion to dismiss, the immunitycourt providedshall byaward thissuch sectionmoving mayparty bereasonable awardedexpenses reasonablerelated to such motion, including attorney fees and costs.

If the responding party to such special motion to dismiss prevails, and the court finds that such special motion to dismiss was filed in bad faith or solely with the intent to delay the proceedings on the underlying claim, the court may award such responding party reasonable expenses related to such motion, including attorney fees and costs.

D.

The provisions of this section shall not apply to:

1.

Any claim that arises out of the sale or lease of goods or services, including insurance products, between a seller and an actual or potential buyer or customer.

This subdivision does not apply to:

a.

Any publisher, editor, reporter, or other person connected with or employed by a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed;

b.

A radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed;

c.

Any person engaged in the dissemination of ideas or expression in any book or academic journal while engaged in the gathering, receiving, or processing of information for communication to the public;

or d.

Any action against any person or entity based upon the creation, dissemination, exhibition, advertisement, or other similar promotion of any dramatic, literary, musical, political, or artistic work, including a motion picture or television program and an article published in a newspaper or magazine of general circulation.

2.

Any claim that is brought solely to enforce an important constitutional or statutory right held by the general public, or in an action seeking declaratory or injunctive relief against a governmental entity or agency.