The proposed bill would update current statutes by expanding protections against strategic legal actions against public participation (SLAPP suits) to include political and religious expression. It would insert new provisions affirming the right to religious liberty and the freedom to express political or religious views without fear of retaliation. Additionally, the bill would narrow defenses available to state actors in anti-SLAPP motions by eliminating the use of historical practices as a standalone defense and mandating that costs and fees be awarded against unsuccessful state actors.
Moreover, the bill would establish a framework for postconviction relief for individuals convicted in politically motivated prosecutions, allowing them to file petitions for relief and ensuring their convictions are set aside if successful. It would clarify the definition of "state actor," include an intent clause, and provide various remedies for those wrongfully prosecuted under SLAPP actions. Overall, these updates aim to enhance protections for free speech and political expression while holding state actors accountable for misuse of legal actions.
Statutes affected: Introduced Version: 12-751, 13-4242, 12-2101, 13-706, 38-431.06
House Engrossed Version: 12-751, 13-4242, 12-2101, 13-706, 38-431.06