Bill Status of SB 339   94th General Assembly

Short Description:  UNIFORM ACT LIMITING LITIGATIO

Senate Sponsors
Sen. Kirk W. Dillard-John J. Cullerton-Dan Cronin-Don Harmon and Pamela J. Althoff

House Sponsors
(Rep. Barbara Flynn Currie)


Last Action  View All Actions

DateChamber Action
  1/9/2007SenateSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Limiting Strategic Litigation Against Public Participation Act. Provides that a party may bring a special motion to strike any claim that is based on an action involving public participation and petition. Provides that, if the moving party on a special motion to strike meets the prima facie requirements, the responding party must establish a probability of prevailing on the claim. Outlines the procedures for filing a special motion to strike. Provides that a moving party on a special motion to strike who prevails is entitled to costs of litigation, reasonable attorney's fees incurred in connection with the motion, and any additional relief, including sanctions upon the responding party and its attorneys or law firms, that the court determines necessary to deter reputation of the conduct and comparable conduct by others. Effective immediately.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Creates the Citizen Participation Act. Applies to motions in cases concerning SLAPP lawsuits (Strategic Lawsuits Against Public Participation) that have been filed to discourage citizen participation in government. Requires courts to decide those motions within 90 days. Provides that discovery is suspended pending a decision on the motion. Allows discovery on certain issues upon leave of court. Requires that the motion be granted and the claim dismissed unless the responding party produces clear and convincing evidence that the moving parties' acts are not immunized under this Act. Provides for attorney's fees and costs to be awarded to the prevailing moving party. Effective immediately.

Senate Committee Amendment No. 2
Deletes everything after the enacting clause. Creates the Limiting Strategic Litigation Against Public Participation Act. Contains a short title only.

Actions 
DateChamber Action
  2/15/2005SenateFiled with Secretary by Sen. Kirk W. Dillard
  2/15/2005SenateChief Co-Sponsor Sen. John J. Cullerton
  2/15/2005SenateChief Co-Sponsor Sen. Dan Cronin
  2/15/2005SenateFirst Reading
  2/15/2005SenateReferred to Rules
  2/17/2005SenateAssigned to Judiciary
  2/24/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Kirk W. Dillard
  2/24/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  2/24/2005SenatePostponed - Judiciary
  3/1/2005SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/2/2005SenatePostponed - Judiciary
  3/8/2005SenateSenate Committee Amendment No. 1 Adopted
  3/9/2005SenateHeld in Judiciary
  3/9/2005SenateAdded as Chief Co-Sponsor Sen. Don Harmon
  3/15/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Kirk W. Dillard
  3/15/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  3/15/2005SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  3/16/2005SenatePostponed - Judiciary
  3/17/2005SenateSenate Committee Amendment No. 2 Adopted
  3/17/2005SenateDo Pass as Amended Judiciary; 010-000-000
  3/17/2005SenatePlaced on Calendar Order of 2nd Reading April 6, 2005
  4/13/2005SenateAdded as Co-Sponsor Sen. Pamela J. Althoff
  4/13/2005SenateSecond Reading
  4/13/2005SenatePlaced on Calendar Order of 3rd Reading April 14, 2005
  4/14/2005SenateThird Reading - Passed; 049-001-000
  4/14/2005HouseArrived in House
  4/14/2005HousePlaced on Calendar Order of First Reading
  5/3/2005HouseChief House Sponsor Rep. Barbara Flynn Currie
  5/3/2005HouseFirst Reading
  5/3/2005HouseReferred to Rules Committee
  5/3/2005HouseAssigned to Executive Committee
  5/13/2005HouseRule 19(a) / Re-referred to Rules Committee
  1/9/2007SenateSession Sine Die

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