Assembly Bill 431 introduces a new statute, 802.065, which establishes a framework for special motions to strike strategic lawsuits against public participation (SLAPP). This bill allows individuals to file a motion to dismiss claims that arise from their exercise of free speech or petition rights related to public issues. The motion can be granted unless the court finds that the plaintiff has a probability of prevailing on the claim. The bill outlines specific acts that qualify as protected speech, including statements made in official proceedings or public forums. It also stipulates that if a defendant prevails on such a motion, they are generally entitled to recover attorney fees and costs, unless the motion is deemed frivolous.

The bill further details the procedural aspects of filing a special motion to strike, including a 60-day deadline for filing after the complaint is served and a requirement for a hearing within 30 days of the motion's service. It mandates that all discovery proceedings be stayed during the motion's consideration, with exceptions for good cause. Additionally, the bill requires parties to submit documentation related to the motion to the director of state courts, who must maintain a public record for at least three years. The overarching intent of the bill is to protect constitutional rights related to free speech and petitioning, while also providing a mechanism to deter frivolous lawsuits that aim to silence public participation.