Substitute House Bill No. 7134, also known as Public Act No. 25-77, enhances protections under the state's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute. The bill introduces new definitions and clarifications regarding the "right of free speech," which now includes written communications made without actual malice concerning alleged crimes or discriminatory practices. It allows parties to file a special motion to dismiss complaints that are based on their exercise of free speech, petitioning the government, or association rights in relation to matters of public concern. The bill also establishes a timeline for filing such motions, requiring them to be submitted within thirty days of the complaint's return date, and mandates that the court stays all discovery until a ruling on the motion is made.
Additionally, the bill stipulates that courts must conduct expedited hearings on special motions to dismiss, generally within sixty days, unless certain conditions apply. If the court grants the motion, it will award the moving party costs and reasonable attorney's fees. Conversely, if the motion is denied and deemed frivolous, the opposing party may be awarded costs and fees. The legislation also clarifies that its provisions do not apply to enforcement actions by the state, nor do they limit a court's authority to impose sanctions or affect substantive law governing claims. Overall, the bill aims to provide stronger protections for individuals exercising their rights in matters of public concern while ensuring a fair process in civil actions.
Statutes affected: Raised Bill: 52-196a
JUD Joint Favorable: 52-196a
File No. 750: 52-196a
File No. 977: 52-196a
Public Act No. 25-77: 52-196a