VA HB160

Amends the Virginia Freedom of Information Act to specify that proceedings for willful and knowing FOIA violations are brought against officers, employees, or members of public bodies "in their individual capacity"

Adds "advice of counsel for the public body" as a fourth mitigating factor courts must consider when determining penalties for improper closed meeting certifications

Expands mitigating factors for alleged willful and knowing violations to include good faith reliance on: Attorney General opinions, supporting court cases, Freedom of Information Advisory Council opinions, and advice of counsel for the public body

Restructures § 2.2-3715 to shift from allowing introduction of advisory opinions as evidence to requiring courts to affirmatively consider multiple mitigating factors when determining willfulness

Civil penalties for willful violations range from $500-$2,000 for first offenses and $2,000-$5,000 for subsequent violations, paid into the Literary Fund