HB 160 Virginia House of Delegates · 2026 Regular Session

FOIA; officers, employees, or members of a public body, alleged willful and knowing violations.

Summary
Virginia Freedom of Information Act; officers, employees, or members of a public body; alleged willful and knowing violations; mitigating factors to be considered. Specifies that civil penalties may only be imposed on officers, employees, or members of a public body in actions brought against them in their individual capacity for certain violations of the Virginia Freedom of Information Act. The bill further requires a court, when determining whether an officer, an employee, or a member of a public body has committed certain violations of the Virginia Freedom of Information Act willfully and knowingly, to consider certain mitigating factors, including good faith reliance on (i) opinions of the Attorney General; (ii) court cases substantially supporting such officer's, employee's, or member's actions; (iii) advisory opinions of the Virginia Freedom of Information Advisory Council; and (iv) advice of counsel for the public body, as evidence that such officer, employee, or member did not willfully and knowingly commit such violation. Current law provides any officer, employee, or member of a public body the right to introduce at any proceeding regarding such willful and knowing violation a copy of a relevant advisory opinion issued by the Virginia Freedom of Information Advisory Council. This bill is a recommendation of the Boyd-Graves Conference.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 6, 2026 Last action Jan 22, 2026
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Full legislative history

Actions timeline

Total actions
5
Key actions
1
Committee
3
Jan 20, 2026
Lower · Passed
Subcommittee recommends continuing to (Voice Vote)
lower
Jan 19, 2026
Committee
Assigned HGL sub: Procurement/Open Government
lower
Jan 6, 2026
Committee
Referred to Committee on General Laws
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Marcus Simon
Marcus Simon
DDemocratic
VA
13