Bill > HB489

This bill establishes protections for communications and participation in restorative justice practices, which are voluntary processes where parties involved in harm, those who have been harmed, and others meet with trained facilitators to address harm, trauma, prevent future harm, and strengthen community ties. Specifically, any communications made during these practices, referred to as "restorative justice communications," cannot be used as evidence or shared in any legal proceedings, including court, administrative hearings, arbitration, or mediation. Furthermore, individuals involved in these practices are generally prohibited from testifying about what happened during them, with exceptions for situations where disclosure is necessary to prevent death or serious harm, comply with other laws, or when a court requires a limited report on the practice's occurrence and success, or if a participant is called to testify by a party and the testimony is similarly limited. Importantly, evidence that would otherwise be admissible is not protected just because it was discussed in a restorative justice practice, and participants are considered to have agreed to these limitations on admissibility and discovery. The bill also grants immunity from civil liability to individuals who in good faith disclose restorative justice communications under the permitted exceptions, as long as the disclosure is limited to what is allowed.

Justice

https://lis.virginia.gov/bill-details/20261/HB489