2023 Regular SessionVirginia Legislature

HB1757: 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.

Demographic Impact

Overall analysis of equity impact

Neutral
Medium ConfidenceView detailed demographic breakdown ↓

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Bill History

1/10/2023
Prefiled and ordered printed; offered 01/11/23 23100732D
House of Delegates
1/10/2023
Referred to Committee for Courts of Justice
House of Delegates
1/19/2023
Assigned Courts sub: Subcommittee #2
House of Delegates
1/20/2023
Subcommittee recommends reporting (7-Y 0-N)
House of Delegates
1/23/2023
Reported from Courts of Justice (19-Y 0-N)
House of Delegates
1/25/2023
Read first time
House of Delegates
1/26/2023
Read second time and engrossed
House of Delegates
1/27/2023
Read third time and passed House BLOCK VOTE (98-Y 0-N)
House of Delegates
1/27/2023
VOTE: Block Vote Passage (98-Y 0-N)
House of Delegates
1/30/2023
Constitutional reading dispensed
Senate
1/30/2023
Referred to Committee on the Judiciary
Senate
2/10/2023
Assigned Judiciary sub: Civil Law
Senate
2/15/2023
Reported from Judiciary with amendment (11-Y 0-N)
Senate
2/15/2023
Rereferred to Finance and Appropriations
Senate
2/16/2023
Reported from Finance and Appropriations (16-Y 0-N)
Senate
2/20/2023
Constitutional reading dispensed (40-Y 0-N)
Senate
2/21/2023
Read third time
Senate
2/21/2023
Reading of amendment waived
Senate
2/21/2023
Committee amendment agreed to
Senate
2/21/2023
Passed by for the day
Senate
2/22/2023
Passed by for the day
Senate
2/23/2023
Floor substitute printed 23107409D-S1 (Petersen)
Senate
2/23/2023
Read third time
Senate
2/23/2023
Substitute by Senator Petersen withdrawn 23107409D-S1
Senate
2/23/2023
Passed by temporarily
Senate
2/23/2023
Committee amendment agreed to
Senate
2/23/2023
Engrossed by Senate as amended
Senate
2/23/2023
Passed Senate with amendment (40-Y 0-N)
Senate
2/23/2023
Senate amendment rejected by House (0-Y 91-N)
House of Delegates
2/23/2023
VOTE: REJECTED (0-Y 91-N)
House of Delegates
2/23/2023
Senate insisted on amendment (38-Y 0-N)
Senate
2/23/2023
Senate requested conference committee
Senate
2/23/2023
House acceded to request
House of Delegates
2/23/2023
Conferees appointed by House
House of Delegates
2/23/2023
Delegates: Campbell, J.L., Leftwich, Simon
House of Delegates
2/23/2023
Conferees appointed by Senate
Senate
2/23/2023
Senators: Petersen, Deeds, Obenshain
Senate
2/24/2023
Conference: Amended by conference committee
2/24/2023
Conference substitute printed 23107518D-H1
House of Delegates
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
House of Delegates
3/7/2023
Bill text as passed House and Senate (HB1757ER)
House of Delegates
3/8/2023
Signed by Speaker
House of Delegates
3/8/2023
Signed by President
Senate
3/13/2023
Enrolled Bill communicated to Governor on March 13, 2023
House of Delegates
3/13/2023
Governor: Governor's Action Deadline 11:59 p.m., March 27, 2023
3/24/2023
Governor: Approved by Governor-Chapter 462 (effective 7/1/23)
3/24/2023
Governor: Acts of Assembly Chapter text (CHAP0462)

Amendments

Conference amendments

Conference amendments

2/24/2023Not Adopted

Senate amendments engrossed

Senate amendments engrossed

2/23/2023Not Adopted

Senate amendments

Senate amendments

12/17/2017Not Adopted

Roll Call Votes

House: VOTE: Adoption (92-Y 1-N)
2/24/2023
92
Yea
1
Nay
0
Not Voting
7
Absent
Result: PASSED
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
Senate: Passed Senate with amendment (40-Y 0-N)
2/23/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: REJECTED (0-Y 91-N)
2/23/2023
0
Yea
91
Nay
0
Not Voting
9
Absent
Result: FAILED
Senate: Senate insisted on amendment (38-Y 0-N)
2/23/2023
38
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
Senate: Constitutional reading dispensed (40-Y 0-N)
2/20/2023
40
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Finance and Appropriations (16-Y 0-N)
2/16/2023
16
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
Senate: Reported from Judiciary with amendment (11-Y 0-N)
2/15/2023
11
Yea
0
Nay
0
Not Voting
0
Absent
Result: PASSED
House: VOTE: Block Vote Passage (98-Y 0-N)
1/27/2023
98
Yea
0
Nay
0
Not Voting
2
Absent
Result: PASSED
House: Reported from Courts of Justice (19-Y 0-N)
1/23/2023
19
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED
House: Subcommittee recommends reporting (7-Y 0-N)
1/20/2023
7
Yea
0
Nay
0
Not Voting
1
Absent
Result: PASSED

Status Information

Current Status
Passed(3/24/2023)
Chamber
House of Delegates
Sine DiePrior Session

Sponsors

Republican: 1

Documents

Chaptered
Bill Text3/24/20232.6 KB
Enrolled
Bill Text3/7/20232.6 KB
Conference Sub
Bill Text2/24/20232.8 KB
Amended
Bill Text2/23/20232.3 KB
Prefiled
Bill Text1/10/20232.8 KB