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. A motion can be filed within 60 days of the complaint, and if successful, it leads to the dismissal of the claim unless the plaintiff can demonstrate a probability of prevailing. The bill outlines specific acts that qualify as protected speech, including statements made in official proceedings or public forums. Additionally, it stipulates that discovery proceedings are stayed upon the filing of such a motion until a ruling is made.
The bill also addresses the awarding of attorney fees, stating that a prevailing defendant may recover costs unless the court finds the motion frivolous or intended to cause delay, in which case the plaintiff may be awarded fees. Importantly, the bill excludes enforcement actions brought by public prosecutors from its provisions. It mandates that parties involved in a special motion must provide documentation to the director of state courts, who will maintain a public record for at least three years. Overall, the legislation aims to protect individuals' constitutional rights while providing a mechanism to challenge abusive litigation that seeks to silence public participation.