093_SB0168eng SB168 Engrossed LRB093 05290 WGH 05380 b 1 AN ACT concerning civil procedure. 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 Citizen Participation Act. 6 Section 5. Public policy. Pursuant to the fundamental 7 philosophy of the American constitutional form of government, 8 it is declared to be the public policy of the State of 9 Illinois that the constitutional rights of citizens and 10 organizations to be involved and participate freely in the 11 process of government must be encouraged and safeguarded with 12 great diligence. The information, reports, opinions, claims, 13 arguments, and other expressions provided by citizens are 14 vital to effective law enforcement, the operation of 15 government, the making of public policy and decisions, and 16 the continuation of representative democracy. The laws, 17 courts, and other agencies of this State must provide the 18 utmost protection for the free exercise of these rights of 19 petition, speech, association, and government participation. 20 Civil actions for money damages have been filed against 21 citizens and organizations of this State as a result of their 22 valid exercise of their constitutional rights to petition, 23 speak freely, associate freely, and otherwise participate in 24 and communicate with government. There has been a disturbing 25 increase in lawsuits termed "Strategic Lawsuits Against 26 Public Participation" in government or "SLAPPs" as they are 27 popularly called. 28 The threat of SLAPPs, personal liability, and burdensome 29 litigation costs significantly chills and diminishes citizen 30 participation in government, voluntary public service, and 31 the exercise of these important constitutional rights. This SB168 Engrossed -2- LRB093 05290 WGH 05380 b 1 abuse of the judicial process can and has been used as a 2 means of intimidating, harassing, or punishing citizens and 3 organizations for involving themselves in public affairs. 4 It is in the public interest and it is the purpose of 5 this Act to strike a balance between the rights of persons to 6 file lawsuits for injury and the constitutional rights of 7 persons to petition, speak freely, associate freely, and 8 otherwise participate in government; to protect and encourage 9 public participation in government to the maximum extent 10 permitted by law; to establish an efficient process for 11 identification and adjudication of SLAPPs; and to provide for 12 attorney's fees and costs to prevailing movants. 13 Section 10. Definitions. In this Act: 14 "Government" includes a branch, department, agency, 15 instrumentality, official, employee, agent, or other person 16 acting under color of law of the United States, a state, a 17 subdivision of a state, or another public authority including 18 the electorate. 19 "Person" includes any individual, corporation, 20 association, organization, partnership, 2 or more persons 21 having a joint or common interest, or other legal entity. 22 "Judicial claim" or "claim" include any lawsuit, cause of 23 action, claim, cross-claim, counterclaim, or other judicial 24 pleading or filing alleging injury. 25 "Motion" includes any motion to dismiss, for summary 26 judgment, or to strike, or any other judicial pleading filed 27 to dispose of a judicial claim. 28 "Moving party" means any person on whose behalf a motion 29 described in subsection (a) of Section 20 is filed seeking 30 dismissal of a judicial claim. 31 "Responding party" means any person against whom a motion 32 described in subsection (a) of Section 20 is filed. SB168 Engrossed -3- LRB093 05290 WGH 05380 b 1 Section 15. Applicability. This Act applies to any 2 motion to dispose of a claim in a judicial proceeding on the 3 grounds that the claim is based on, relates to, or is in 4 response to any act or acts of the moving party in 5 furtherance of the moving party's rights of petition, speech, 6 association, or to otherwise participate in government. 7 Acts in furtherance of the constitutional rights to 8 petition, speech, association, and participation in 9 government are immune from liability, regardless of intent or 10 purpose, except when not genuinely aimed at procuring 11 favorable government action, result, or outcome. 12 Section 20. Motion procedure and standards. 13 (a) On the filing of any motion as described in Section 14 15, a hearing and decision on the motion must occur within 90 15 days after notice of the motion is given to the respondent. 16 An appellate court shall expedite any appeal or other writ, 17 whether interlocutory or not, from a trial court order 18 denying that motion or from a trial court's failure to rule 19 on that motion within 90 days after that trial court order or 20 failure to rule. 21 (b) Discovery shall be suspended pending a decision on 22 the motion. However, discovery may be taken, upon leave of 23 court for good cause shown, on the issue of whether the 24 movants acts are not immunized from, or are not in 25 furtherance of acts immunized from, liability by this Act. 26 (c) The court shall grant the motion and dismiss the 27 judicial claim unless the court finds that the responding 28 party has produced clear and convincing evidence that the 29 acts of the moving party are not immunized from, or are not 30 in furtherance of acts immunized from, liability by this Act. 31 Section 25. Attorney's fees and costs. The court shall 32 award a moving party who prevails in a motion under this Act SB168 Engrossed -4- LRB093 05290 WGH 05380 b 1 reasonable attorney's fees and costs incurred in connection 2 with the motion. 3 Section 30. Construction of Act. 4 (a) Nothing in this Act shall limit or preclude any 5 rights the moving party may have under any other 6 constitutional, statutory, case or common law, or rule 7 provisions. 8 (b) This Act shall be construed liberally to effectuate 9 its purposes and intent fully. 10 Section 35. Severability. The provisions of this Act 11 are severable under Section 1.31 of the Statute on Statutes. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.