The proposed bill aims to establish the West Virginia Public Participation Act, which is designed to protect individuals and entities exercising their constitutional rights of free speech, petition, and association from strategic lawsuits against public participation (SLAPP). The bill introduces a new article to the Code of West Virginia, outlining legislative findings, definitions, and procedures for litigants to petition for the dismissal of SLAPPs. It emphasizes the importance of encouraging public participation in matters of public significance while safeguarding the rights of individuals to pursue legitimate legal claims.

Key provisions include the ability for defendants to file a motion to dismiss SLAPPs within 60 days of service, the establishment of burdens of proof for both parties, and the provision for judicial review of dismissal decisions. The bill also stipulates that if a court dismisses a SLAPP, the defending party is entitled to recover costs and attorney fees, while also allowing for additional relief to deter future abuses of the legal process. However, the Act will not apply to certain actions, such as those involving personal injury, family law, or knowingly false statements, ensuring that it does not interfere with existing legal rights and remedies.

Statutes affected:
Introduced Version: 55-22-1, 55-22-2, 55-22-3, 55-22-4, 55-22-5, 55-22-6, 55-22-7, 55-22-8