Bill Status of HB 3430   95th General Assembly


Short Description:  CIV PRO-FREE SPEECH MOTION

House Sponsors
Rep. Jack D. Franks

Last Action  View All Actions

DateChamber Action
  1/13/2009HouseSession Sine Die

Statutes Amended In Order of Appearance
735 ILCS 5/2-615.1 new

Synopsis As Introduced
Amends the Code of Civil Procedure. Provides that a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or Illinois Constitution in connection with a public issue is subject to a special motion to dismiss unless the court determines that the party bringing the action has established that there is a probability that the party will prevail on the claim. Provides for notice, attorney's fees and costs, and appeals. Does not apply to an action brought by the Attorney General, a State's Attorney, or an attorney for a unit of local government acting in an official capacity. Provides that discovery proceedings in the action shall be stayed until notice of entry of the order ruling on the motion unless the court orders that specified discovery be conducted. Provides that the Attorney General shall report to the General Assembly on the frequency and outcome of special motions to dismiss and shall maintain a public record of motions to dismiss and related pleadings and orders transmitted to it by parties to actions.

Actions 
DateChamber Action
  2/27/2007HouseFiled with the Clerk by Rep. Jack D. Franks
  2/27/2007HouseFirst Reading
  2/27/2007HouseReferred to Rules Committee
  3/1/2007HouseAssigned to Judiciary I - Civil Law Committee
  3/23/2007HouseRule 19(a) / Re-referred to Rules Committee
  1/13/2009HouseSession Sine Die

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