2019 SESSION
ENGROSSED
19103495D
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SB1554E

2/22/19 11:34

ENGROSSED

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SENATE BILL NO. 1554
Senate Amendments in [ ] - January 31, 2019
A BILL to amend and reenact § 2.2-3714 of the Code of Virginia, relating to the Virginia Freedom of
Information Act; civil penalties.
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Patron Prior to Engrossment––Senator Surovell
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Referred to Committee on General Laws and Technology
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Be it enacted by the General Assembly of Virginia:
1. That § 2.2-3714 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-3714. Violations and penalties.
A. In a proceeding commenced against any officer, employee, or member of a public body under
§ 2.2-3713 for a violation of § 2.2-3704, 2.2-3705.1 through 2.2-3705.7, 2.2-3706, 2.2-3707, 2.2-3708.2,
2.2-3710, 2.2-3711 or 2.2-3712, the court, if it finds that a violation was willfully and knowingly made,
shall impose upon such officer, employee, or member in his individual capacity, whether a writ of
mandamus or injunctive relief is awarded or not, a civil penalty of not less than $500 nor more than
$2,000, which amount shall be paid into the State Literary Fund. For a second or subsequent violation,
such civil penalty shall be not less than $2,000 nor more than $5,000.
B. In addition to any penalties imposed pursuant to subsection A, if the court finds that any officer,
employee, or member of a public body failed to provide public records to a requester in accordance
with the provisions of this chapter because such officer, employee, or member [ intentionally ] altered or
destroyed the requested public records [ with the intent to avoid the provisions of this chapter ] prior to
the expiration of the applicable record retention period set by the retention regulations promulgated
pursuant to the Virginia Public Records Act (§ 42.1-76 et seq.) by the State Library Board, the court [
shall may ] impose upon such officer, employee, or member in his individual capacity, whether or not a
writ of mandamus or injunctive relief is awarded, a civil penalty of up to $100 per record altered or
destroyed, which amount shall be paid into the Literary Fund.
C. In addition to any penalties imposed pursuant to subsections A and B, if the court finds that a
member of a public body voted to certify a closed meeting in accordance with subsection D of
§ 2.2-3712 and at the time of such certification such certification was not in accordance with the
requirements of clause (i) or (ii) of subsection D of § 2.2-3712, the court may impose on each member
voting to certify in his individual capacity, whether or not a writ of mandamus or injunctive relief is
awarded, a civil penalty of $500, which amount shall be paid into the Literary Fund.