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 service. It mandates that all discovery proceedings be stayed until a ruling on the motion is made, and it allows for appeals of the court's decisions regarding these motions. Additionally, if a defendant prevails on a special motion to strike, they may recover attorney fees unless the court finds the motion to be frivolous, in which case the plaintiff may be awarded costs. The bill aims to protect constitutional rights while providing a mechanism to deter meritless lawsuits that infringe on public participation.