2023 Regular SessionVirginia Legislature

SB845: Immunity of persons; tort actions, assertion of immunity, attorney fees and costs.

Legislative Summary

Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort claim is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party; (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; or (iii) made by an employee against his employer and where retaliatory action against an employee by such employer is otherwise prohibited by law. The bill also provides that any person who prevails in such a legal action may be awarded reasonable attorney fees and costs.

Bill History

12/28/2022
Prefiled and ordered printed; offered 01/11/23 23102261D
Senate
12/28/2022
Referred to Committee on the Judiciary
Senate
1/20/2023
Assigned Judiciary sub: Civil Law
Senate
1/25/2023
Reported from Judiciary (12-Y 0-N)
Senate
1/27/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
1/30/2023
Read second time and engrossed
Senate
1/31/2023
Read third time and passed Senate (39-Y 0-N)
Senate
2/9/2023
Placed on Calendar
House of Delegates
2/9/2023
Read first time
House of Delegates
2/9/2023
Referred to Committee for Courts of Justice
House of Delegates
2/10/2023
Assigned Courts sub: Subcommittee #2
House of Delegates
2/13/2023
Subcommittee recommends reporting with amendments (7-Y 1-N)
House of Delegates
2/20/2023
Reported from Courts of Justice with amendment(s) (16-Y 4-N)
House of Delegates
2/22/2023
Read second time
House of Delegates
2/23/2023
Read third time
House of Delegates
2/23/2023
Committee amendment agreed to
House of Delegates
2/23/2023
Engrossed by House as amended
House of Delegates
2/23/2023
Passed House with amendment (77-Y 19-N)
House of Delegates
2/23/2023
VOTE: Passage (77-Y 19-N)
House of Delegates
2/23/2023
House amendment rejected by Senate (0-Y 40-N)
Senate
2/23/2023
House insisted on amendment
House of Delegates
2/23/2023
House requested conference committee
House of Delegates
2/23/2023
Senate acceded to request (38-Y 0-N)
Senate
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Petersen, Deeds, Obenshain
Senate
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Bell, Campbell, J.L., Maldonado
House of Delegates
2/24/2023
Conference: Amended by conference committee
2/24/2023
Conference substitute printed 23107516D-S1
Senate
2/24/2023
Conference report agreed to by Senate (40-Y 0-N)
Senate
2/24/2023
Conference report agreed to by House (92-Y 1-N)
House of Delegates
2/24/2023
VOTE: Adoption (92-Y 1-N)
House of Delegates
3/7/2023
Enrolled
Senate
3/7/2023
Bill text as passed Senate and House (SB845ER)
Senate
3/8/2023
Signed by President
Senate
3/8/2023
Signed by Speaker
House of Delegates
3/13/2023
Enrolled Bill Communicated to Governor on March 13, 2023
Senate
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/24/2023
Governor: Approved by Governor-Chapter 463 (effective 7/1/23)
3/24/2023
Governor: Acts of Assembly Chapter text (CHAP0463)

Amendments

Conference amendments

Conference amendments

2/24/2023Not Adopted

House amendments engrossed

House amendments engrossed

2/23/2023Not Adopted

House committee amendments reported

House committee amendments reported

12/17/2017Not Adopted

Roll Call Votes

Senate: Conference report agreed to by Senate (40-Y 0-N)
2/24/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Adoption (92-Y 1-N)
2/24/2023
92
Yea
1
Nay
0
Not Voting
7
Absent
Result: PASSED
Senate: Senate acceded to request (38-Y 0-N)
2/23/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
House: VOTE: Passage (77-Y 19-N)
2/23/2023
77
Yea
19
Nay
0
Not Voting
4
Absent
Result: PASSED
Senate: House amendment rejected by Senate (0-Y 40-N)
2/23/2023
0
Yea
40
Nay
0
Not Voting
0
Absent
Result: FAILED
House: Reported from Courts of Justice with amendment(s) (16-Y 4-N)
2/20/2023
16
Yea
4
Nay
0
Not Voting
0
Absent
Result: PASSED
House: Subcommittee recommends reporting with amendments (7-Y 1-N)
2/13/2023
7
Yea
1
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Read third time and passed Senate (39-Y 0-N)
1/31/2023
39
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
1/27/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary (12-Y 0-N)
1/25/2023
12
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED

Status Information

Current Status
Passed(3/24/2023)
Chamber
Senate
Sine DiePrior Session

Sponsors

Democrat: 1

Primary Sponsor

John Petersen
John Petersen
Democrat

Documents

Chaptered
Bill Text3/24/20232.6 KB
Enrolled
Bill Text3/7/20232.6 KB
Conference Sub
Bill Text2/24/20232.8 KB
Prefiled
Bill Text12/28/20222.4 KB