HB3430 95TH GENERAL ASSEMBLY

LRB095 09970 AJO 30183 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3430

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

SYNOPSIS AS INTRODUCED:

735 ILCS 5/2-615.1 new

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.

A BILL FOR

AN ACT concerning civil procedure.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Code of Civil Procedure is amended by adding Section 2-615.1 as follows:

(735 ILCS 5/2-615.1 new)

Sec. 2-615.1. Right of petition or free speech; special motion to dismiss.

(a) The General Assembly finds and declares that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances. The General Assembly finds and declares that it is in the public interest to encourage continued participation in matters of public significance, and that this participation should not be chilled through abuse of the judicial process. To this end, this Section shall be construed broadly.

(b) As used in this Section, "act in furtherance of a person's right of petition or free speech under the United States Constitution or Illinois Constitution in connection with a public issue" includes:

(1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law;

(2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law;

(3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; and

(4) any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest.

(c) 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. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. If the court determines that the party bringing the action has established a probability that he or she will prevail on the claim, neither that determination nor the fact of that determination shall be admissible in evidence at any later stage of the case, and no burden of proof or degree of proof otherwise applicable shall be affected by that determination.

(d) In an action subject to subsection (c), a party filing a special motion to dismiss is entitled to recover his or her attorney's fees and costs if the motion prevails. If the court finds that a special motion to dismiss is frivolous or is solely intended to cause unnecessary delay, the party bringing the action is entitled to recover his or her attorney's fees and costs.

(e) A special motion to dismiss may be filed within 60 days of the pleading that is subject to the special motion to dismiss or, in the court's discretion, at any later time upon terms it deems proper. The special motion to dismiss shall be scheduled for hearing not more than 30 days after service of the motion unless the docket conditions of the court require a later hearing.

(f) Except as otherwise provided in this subsection (f), all discovery proceedings in the action shall be stayed upon the filing of a notice of motion made under this Section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on motion and notice and for good cause shown, may order that specified discovery be conducted notwithstanding this subsection (f).

(g) An order granting or denying a special motion to dismiss is appealable in the same manner as a final order in the action.

(h) This Section 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.

(i) A party filing a special motion to dismiss under this Section and a party filing a response to a special motion to dismiss shall promptly transmit to the Attorney General, by e-mail or fax, a copy of the motion or response, a copy of any related notice of appeal, and a copy of any order issued under this Section, including any order granting or denying a special motion to dismiss, discovery, or fees. The Attorney General shall maintain a public record of information transmitted under this subsection (i) for at least 3 years and may store the information on microfilm or other appropriate electronic media.

(j) On or before December 31, 2010, the Attorney General shall report to the General Assembly on the frequency and outcome of special motions to dismiss made under this Section and on any other matters pertinent to the purposes of this Section.