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 no special motion to strike can be filed in enforcement actions initiated by public prosecutors.

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 filing. It mandates that all discovery proceedings be stayed during the motion's consideration, with exceptions for good cause. Additionally, it allows for the recovery of attorney fees for prevailing defendants, while also providing protections against frivolous motions. The bill emphasizes the importance of safeguarding constitutional rights related to free speech and petitioning, and it requires the director of state courts to maintain a public record of motions and related documents for at least three years.