Senate Bill 430 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, unless the plaintiff can demonstrate a likelihood of success on their claim. The bill outlines that acts in furtherance of these rights include statements made in official proceedings, discussions on issues under review by governmental bodies, and communications in public forums. It also specifies that no special motion to strike can be filed in enforcement actions initiated by public prosecutors.
The bill further stipulates that if a defendant successfully prevails on a special motion to strike, they are entitled to recover attorney fees and costs, unless the court finds the motion to be frivolous or intended to cause delay, in which case the plaintiff may recover fees. The motion must be filed within 60 days of the complaint, and all discovery proceedings are stayed until a ruling on the motion is made. Additionally, the bill mandates that parties involved in such motions must provide the director of state courts with relevant documentation, which will be maintained as 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.