The proposed bill would update current statutes by expanding protections against strategic legal actions against public participation (SLAPP suits) to include the right to religious liberty and the freedom to express political or religious views without fear of retaliation. It would introduce new provisions that allow individuals to file motions for summary judgment in cases infringing upon these rights and establish a new section (13-4242) detailing remedies for violations. Additionally, the bill would narrow the defenses available to state actors in anti-SLAPP motions, require costs and fees to be awarded against unsuccessful state actors, and clarify the definition of "state actor," ensuring they can be held liable for retaliatory legal actions.

Moreover, the bill would create a pathway for postconviction relief for defendants who claim their prosecutions were politically motivated. It allows defendants convicted in SLAPP prosecutions to file for relief, mandates that such relief includes setting aside the conviction and awarding fees and costs, and outlines specific timelines for filing and hearings. The bill emphasizes procedural fairness and includes a severability clause to maintain the enforceability of remaining provisions if any part of the act is invalidated.

Statutes affected:
Introduced Version: 12-751, 13-4242, 12-2101, 13-706, 38-431.06