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 process, and stays all discovery until the motion is resolved.
Key changes include the requirement for courts to conduct expedited hearings on special motions to dismiss within sixty days, with certain exceptions, and the stipulation that if a motion is granted, the moving party is entitled to costs and attorney's fees. Conversely, if a motion is denied and deemed frivolous, the opposing party may be awarded costs. The bill also clarifies that its provisions do not apply to enforcement actions by the state, nor do they create a private right of action or affect claims for bodily injury or wrongful death, except in specific circumstances.
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