Full Text of HB3430 95th General Assembly
HB3430 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3430
Introduced 2/27/2007, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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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.
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A BILL FOR
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HB3430 |
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LRB095 09970 AJO 30183 b |
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| AN ACT concerning civil procedure.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Code of Civil Procedure is amended by adding | 5 |
| Section 2-615.1 as follows: | 6 |
| (735 ILCS 5/2-615.1 new)
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| Sec. 2-615.1. Right of petition or free speech; special | 8 |
| motion to dismiss. | 9 |
| (a) The General Assembly finds and declares that there has | 10 |
| been a disturbing increase in lawsuits brought primarily to | 11 |
| chill the valid exercise of the constitutional rights of | 12 |
| freedom of speech and petition for the redress of grievances. | 13 |
| The General Assembly finds and declares that it is in the | 14 |
| public interest to encourage continued participation in | 15 |
| matters of public significance, and that this participation | 16 |
| should not be chilled through abuse of the judicial process. To | 17 |
| this end, this Section shall be construed broadly. | 18 |
| (b) As used in this Section, "act in furtherance of a | 19 |
| person's right of petition or free speech under the United | 20 |
| States Constitution or Illinois Constitution in connection | 21 |
| with a public issue" includes:
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| (1) any written or oral statement or writing made | 23 |
| before a legislative, executive, or judicial proceeding, |
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HB3430 |
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LRB095 09970 AJO 30183 b |
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| or any other official proceeding authorized by law;
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| (2) any written or oral statement or writing made in | 3 |
| connection with an issue under consideration or review by a | 4 |
| legislative, executive, or judicial body, or any other | 5 |
| official proceeding authorized by law;
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| (3) any written or oral statement or writing made in a | 7 |
| place open to the public or a public forum in connection | 8 |
| with an issue of public interest; and
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| (4) any other conduct in furtherance of the exercise of | 10 |
| the constitutional right of petition or the constitutional | 11 |
| right of free speech in connection with a public issue or | 12 |
| an issue of public interest.
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| (c) A cause of action against a person arising from any act | 14 |
| of that person in furtherance of the person's right of petition | 15 |
| or free speech under the United States Constitution or Illinois | 16 |
| Constitution in connection with a public issue is subject to a | 17 |
| special motion to dismiss unless the court determines that the | 18 |
| party bringing the action has established that there is a | 19 |
| probability that the party will prevail on the claim. In making | 20 |
| its determination, the court shall consider the pleadings and | 21 |
| supporting and opposing affidavits stating the facts upon which | 22 |
| the liability or defense is based. If the court determines that | 23 |
| the party bringing the action has established a probability | 24 |
| that he or she will prevail on the claim, neither that | 25 |
| determination nor the fact of that determination shall be | 26 |
| admissible in evidence at any later stage of the case, and no |
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| burden of proof or degree of proof otherwise applicable shall | 2 |
| be affected by that determination.
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| (d) In an action subject to subsection (c), a party filing | 4 |
| a special motion to dismiss is entitled to recover his or her | 5 |
| attorney's fees and costs if the motion prevails. If the court | 6 |
| finds that a special motion to dismiss is frivolous or is | 7 |
| solely intended to cause unnecessary delay, the party bringing | 8 |
| the action is entitled to recover his or her attorney's fees | 9 |
| and costs.
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| (e) A special motion to dismiss may be filed within 60
days | 11 |
| of the pleading that is subject to the special motion to
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| dismiss or, in the court's discretion, at any later time upon
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| terms it deems proper. The special motion to dismiss shall be
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| scheduled for hearing not more than 30 days after service of
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| the motion unless the docket conditions of the court require
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| later hearing. | 17 |
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(f) Except as otherwise provided in this subsection (f),
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| all discovery proceedings in the action shall be stayed upon
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| the filing of a notice of motion made under this Section. The
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| stay of discovery shall remain in effect until notice of
entry | 21 |
| of the order ruling on the motion. The court, on motion
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| notice and for good cause shown, may order that specified
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| discovery be conducted notwithstanding this subsection (f). | 24 |
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(g) An order granting or denying a special motion to
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| dismiss is appealable in the same manner as a final order in
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| the action. |
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(h) This Section does not apply to an action brought by
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| the Attorney General, a State's Attorney, or an attorney for
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| unit of local government acting in an official capacity. | 4 |
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(i) A party filing a special motion to dismiss under
this | 5 |
| Section and a party filing a response to a special
motion to | 6 |
| dismiss shall promptly transmit to the Attorney
General, by | 7 |
| e-mail or fax, a copy of the motion or response,
a copy of any | 8 |
| related notice of appeal, and a copy of any
order issued under | 9 |
| this Section, including any order granting
or denying a special | 10 |
| motion to dismiss, discovery, or fees.
The Attorney General | 11 |
| shall maintain a public record of
information transmitted under | 12 |
| this subsection (i) for at
least 3 years and may store the | 13 |
| information on microfilm or
other appropriate electronic | 14 |
| media. | 15 |
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(j) On or before December 31, 2010, the Attorney General
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| shall report to the General Assembly on the frequency and
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| outcome of special motions to dismiss made under this Section
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| and on any other matters pertinent to the purposes of this
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| Section.
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