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

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2020 SESSION

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20108556D 

SENATE BILL NO. 375 

AMENDMENT IN THE NATURE OF A SUBSTITUTE 

(Proposed by the House Committee for Courts of Justice 

on February 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 to repeal � 8.01-223.2 of the Code of Virginia, 
relating to strategic lawsuits against public participation; special motion to 
dismiss; stay of discovery; fees and costs. 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section 
numbered 8.01-223.3 as follows:

� 8.01-223.3. Strategic lawsuits against public 
participation; procedures.

A. For the purposes of this section:

"Matter of public concern" means any oral 
statement made, or written statement or other document submitted, (i) in a 
legislative, executive, or judicial proceeding or other proceeding 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.

B. A party alleging that a claim filed against him is a 
SLAPP may file a special motion to dismiss. Such special motion to dismiss 
shall be treated as a demurrer pursuant to � 8.01-273.

Upon the filing of such a special motion, discovery 
proceedings related to the claim alleged to be a SLAPP shall be stayed pending 
the entry of an order adjudicating such a special motion to dismiss.

The court shall hold an expedited hearing on such special 
motion to dismiss and issue an order as soon as practicable after such hearing. 
If such special motion to dismiss is granted, dismissal of the SLAPP shall be 
with prejudice.

C. If the moving party prevails, in whole or in part, on a 
special motion to dismiss, the court shall award such moving party reasonable 
expenses related to such motion, including attorney