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 in matters of public concern. It introduces a new article to the Code of West Virginia, detailing legislative findings, definitions, and procedures for litigants to petition for the dismissal of strategic lawsuits against public participation (SLAPP). The bill outlines the process for filing such petitions, including timelines for motions and hearings, as well as the burdens of proof required for dismissal. It also provides for judicial review of decisions related to these petitions and the potential award of attorneys' fees and costs to defending parties.

Additionally, the bill specifies exceptions and limitations on the applicability of the West Virginia Public Participation Act, clarifying that it does not apply to certain enforcement actions, personal injury claims, family law matters, or statements made with actual knowledge of their falsity. The legislation emphasizes the importance of encouraging public participation while ensuring that meritorious lawsuits can still be pursued. Overall, the bill seeks to create a legal framework that balances the protection of free speech and public participation with the rights of individuals to seek redress for legitimate grievances.

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