Substitute House Bill No. 7134 seeks to strengthen the state's anti-SLAPP (Strategic Lawsuit Against Public Participation) statute by introducing new definitions and expanding the circumstances under which parties can file special motions to dismiss. Notably, the bill defines "privileged communication" as communications made without malice regarding incidents of sexual assault, sexual harassment, or discrimination based on sex. It allows parties to file a special motion to dismiss complaints, counterclaims, or cross claims that are based on their rights to free speech, petition the government, or association, particularly in relation to these privileged communications. The bill also clarifies that its provisions do not apply to state enforcement actions and do not create a private right of action or limit existing legal defenses.

The proposed legislation includes procedural changes, such as requiring courts to conduct expedited hearings on special motions to dismiss within sixty days and staying all discovery until a ruling is made. Parties must file their motions within 30 days of the relevant complaint or claim being filed. If a motion is granted, the moving party is entitled to recover costs and reasonable attorney's fees, while the opposing party may be awarded costs and fees if the motion is found to be frivolous. The effective date for these changes is set for October 1, 2025.

Statutes affected:
Raised Bill: 52-196a
JUD Joint Favorable: 52-196a
File No. 750: 52-196a