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 provisions regarding the rights of free speech, petitioning the government, and association in relation to matters of public concern. Notably, it defines "right of free speech" to include written communications made without actual malice concerning alleged crimes or discriminatory practices. The bill allows parties to file a special motion to dismiss complaints based on these rights, mandates an expedited hearing within sixty days, and stays all discovery until the motion is resolved.
Additionally, the bill stipulates that if a special motion to dismiss is granted, the moving party is entitled to recover costs and reasonable attorney's fees. Conversely, if the motion is denied and deemed frivolous, the opposing party may recover their costs. The legislation also clarifies that it does not apply to enforcement actions by the Attorney General, nor does it create a private right of action or affect claims for bodily injury or wrongful death, except in specific circumstances. The effective date for these changes is October 1, 2025, and they apply to civil actions filed on or after that date.
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