95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3431

 

Introduced 2/27/2007, by Rep. Jack D. Franks

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Illinois Act Limiting Strategic Litigation Against Public Participation. Makes legislative findings: there has been a disturbing increase in lawsuits brought to chill the rights of freedom of speech and petition for the redress of grievances; such lawsuits, called "Strategic Lawsuits Against public Participation" or "SLAPPS", are typically dismissed as groundless or unconstitutional but not before the defendants are put to expense and harassment; it is in the public interest for citizens to participate in matters of public concern without fear of reprisal through the judicial process; and expedited judicial review would avoid this abuse. Provides that the Act applies to any claim based on an action involving public participation and petition which includes: any statement made or document submitted, in a legislative, executive, or judicial proceeding or concerning an issue under review by a legislative, executive, or judicial proceeding. Provides that the Act shall not apply to any action brought by the Attorney General, a State's Attorney, or a municipal attorney, acting as a public prosecutor. Provides that a party may file a special motion to strike any claim by showing that the claim is based on an action involving public participation. Provides that if the moving party meets this burden, the burden shifts to the responding party to establish a probability of prevailing on the claim. Provides that the court shall award a moving party who prevails on a special motion to strike costs of litigation and any reasonable attorney's fees and additional relief, including sanctions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning civil law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Illinois Act Limiting Strategic Litigation Against Public
6 Participation.
 
7     Section 5. Findings and purposes.
8     (a) Findings. The General Assembly finds and declares that:
9         (1) there has been a disturbing increase in lawsuits
10     brought primarily to chill the valid exercise of the
11     constitutional rights of freedom of speech and petition for
12     the redress of grievances;
13         (2) such lawsuits, called "Strategic Lawsuits Against
14     Public Participation" or "SLAPPs", are typically dismissed
15     as groundless or unconstitutional, but often not before the
16     defendants are put to great expense, harassment, and
17     interruption of their productive activities;
18         (3) the costs associated with defending such suits can
19     deter individuals and entities from fully exercising their
20     constitutional rights to petition the government and to
21     speak out on public issues;
22         (4) it is in the public interest for citizens to
23     participate in matters of public concern and provide

 

 

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1     information to public entities and other citizens on public
2     issues that affect them without fear of reprisal through
3     abuse of the judicial process; and
4         (5) an expedited judicial review would avoid the
5     potential for abuse in these cases.
6     (b) Purposes. The purposes of this Act are:
7         (1) to strike a balance between the rights of persons
8     to file lawsuits and to trial by jury and the rights of
9     persons to participate in matters of public concern;
10         (2) to establish an efficient, uniform, and
11     comprehensive method for speedy adjudication of SLAPPs;
12     and
13         (3) to provide for attorney's fees, costs, and
14     additional relief where appropriate.
 
15     Section 10. Definitions. As used in this Act:
16     "Claim" includes any lawsuit, action, claim, cross-claim,
17 counterclaim, or other judicial pleading or filing requesting
18 relief.
19     "Government" includes a branch, department, agency,
20 instrumentality, official, employee, agent, or other person
21 acting under color of law of the United States, a state or
22 subdivision of a state, a unit of local government, or any
23 other public authority.
24     "Moving party" means a person on whose behalf the motion
25 described in Section 20 is filed seeking dismissal of a claim.

 

 

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1     "Person" means an individual, corporation, business trust,
2 estate, trust, partnership, limited liability company,
3 association, joint venture, or any other legal or commercial
4 entity.
5     "Responding party" means a person against whom the motion
6 described in Section 20 is filed.
 
7     Section 15. Scope; exclusion.
8     (a) Scope. This Act applies to any claim, however
9 characterized, that is based on an action involving public
10 participation and petition. As used in this Act, an "action
11 involving public participation and petition" includes:
12         (1) any oral statement made, or written statement or
13     other document submitted, in a legislative, executive, or
14     judicial proceeding or other proceeding authorized by law;
15         (2) any oral statement made, or written statement or
16     other document submitted, in connection with an issue under
17     consideration or review by a legislative, executive, or
18     judicial proceeding or other proceeding authorized by law;
19         (3) any oral statement made, or written statement or
20     other document submitted, that is reasonably likely to
21     encourage or to enlist public participation in an effort to
22     effect consideration or review of an issue in a
23     legislative, executive, or judicial proceeding or other
24     proceeding authorized by law;
25         (4) any oral statement made, or written statement or

 

 

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1     other document submitted, in a place open to the public or
2     a public forum in connection with an issue of public
3     concern; or
4         (5) any other conduct in furtherance of the exercise of
5     the constitutional right of free speech in connection with
6     an issue of public concern or in furtherance of the
7     exercise of the constitutional right of petition.
8     (b) Exclusion. This Act does not apply to any action
9 brought by the Attorney General, a State's Attorney, or a
10 municipal attorney, acting as a public prosecutor, to enforce
11 laws aimed at public protection.
 
12     Section 20. Special motion to strike; burden of proof.
13     (a) A party may file a special motion to strike any claim
14 that is based on an action involving public participation and
15 petition, as defined in Section 15.
16     (b) A party filing a special motion to strike under this
17 Act has the initial burden of making a prima facie showing that
18 the claim against which the motion is made is based on an
19 action involving public participation and petition. If the
20 moving party meets this burden, the burden shifts to the
21 responding party to establish a probability of prevailing on
22 the claim by presenting substantial evidence to support a prima
23 facie case. If the responding party meets this burden, the
24 court shall deny the motion.
25     (c) In making a determination under subsection (b), the

 

 

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1 court shall consider pleadings and supporting and opposing
2 affidavits stating the facts upon which the liability or
3 defense is based.
4     (d) If the court determines that the responding party has
5 established a probability of prevailing on the claim:
6          (1) the fact that the determination has been made and
7     the substance of the determination may not be admitted into
8     evidence at any later stage of the case; and
9         (2) the determination does not affect the burden of
10     proof or standard of proof that is applied in the
11     proceeding.
12     (e) The Attorney General's office or any government body to
13 which the moving party's acts were directed may intervene to
14 defend or otherwise support the moving party.
 
15     Section 25. Required procedures.
16     (a) The special motion to strike may be filed within 60
17 days after the service of the most recent complaint or, in the
18 court's discretion, at any later time upon terms it deems
19 proper. A hearing shall be held on the motion not more than 30
20 days after the service of the motion unless the docket
21 conditions of the court require a later hearing.
22     (b) All discovery and any pending hearings or motions in
23 the action shall be stayed upon the filing of a special motion
24 to strike under Section 20. The stay of discovery shall remain
25 in effect until the entry of the order ruling on the motion.

 

 

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1 Notwithstanding any stay imposed under this subsection, the
2 court, on motion and for good cause shown, may order that
3 specified discovery or other hearings or motions be conducted.
4     (c) Any party shall have a right of expedited appeal from a
5 trial court order on the special motion or from a trial court's
6 failure to rule on the motion in a timely fashion.
 
7     Section 30. Attorney's fees, costs, and other relief.
8     (a) The court shall award a moving party who prevails on a
9 special motion to strike made under Section 20, without regard
10 to any limits under State law:
11         (1) costs of litigation and any reasonable attorney's
12     fees incurred in connection with the motion; and
13         (2) such additional relief, including sanctions upon
14     the responding party and its attorneys or law firms, as the
15     court determines shall be necessary to deter repetition of
16     the conduct and comparable conduct by others similarly
17     situated.
18     (b) If the court finds that the special motion to strike is
19 frivolous or is solely intended to cause unnecessary delay, the
20 court shall award reasonable attorney's fees and costs to the
21 responding party.
 
22     Section 35. Relationship to other laws. Nothing in this Act
23 shall limit or preclude any rights the moving party may have
24 under any other constitutional, statutory, case, or common law,

 

 

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1 or rule provisions.
 
2     Section 40. Severability of provisions. If any provision of
3 this Act or its application to any person or circumstance is
4 held invalid, the invalidity does not affect other provisions
5 or applications of this Act which can be given effect without
6 the invalid provision or application, and to this end the
7 provisions of this Act are severable.
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.