The proposed bill aims to update current statutes concerning strategic legal actions against public participation (SLAPP suits) by expanding protections for political and religious expression. It introduces new protections for the right to religious liberty, the freedom to express political or religious views, and the freedom to engage in political advocacy without fear of retaliation. Additionally, the bill removes the ability of state actors to use their historical practices of similar legal actions as a defense and mandates that costs and fees be awarded against a state actor if they are the unsuccessful nonmoving party. Moreover, the bill establishes a framework for postconviction relief for defendants claiming politically motivated prosecutions. It allows defendants convicted in SLAPP prosecutions to file for postconviction relief, requires that their convictions be set aside if relief is granted, and outlines specific timelines for filing and hearing such petitions. The bill also defines eligible petitioners for postconviction relief and modifies the definition of a state actor. Overall, these updates are designed to enhance protections against SLAPP suits and provide a pathway for relief for individuals facing politically motivated prosecutions.

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