HB1077 104TH GENERAL ASSEMBLY

LRB104 05559 JRC 15589 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1077

Introduced 1/9/2025, by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

New Act
735 ILCS 110/15

Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

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

Section 1. Short title. This Act may be cited as the Uniform Public Expression Protection Act.

Section 5. Definitions and scope.

(a) In this Act:

(1) "Goods or services" does not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work.

(2) "Governmental unit" means this State and all of its subdivisions, agencies, and instrumentalities, any county, township, municipality, municipal corporation, school district, school board, educational service region, regional board of school trustees, trustees of schools of townships, treasurers of schools of townships, community college district, community college board, forest preserve district, park district, fire protection district, sanitary district, museum district, emergency telephone system board, and any other local governmental body.

(3) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.

(4) "Special motion" means a special motion for expedited relief under Section 10.

(b) Except as otherwise provided in subsection (c), this Act applies to a cause of action asserted in a civil action, including an action in federal court pursuant to its supplemental or diversity jurisdiction, against a person based on the person's:

(1) communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(3) exercise of the right of freedom of speech or of the press, the right to assemble or petition, or the right of association, guaranteed by the United States Constitution or the Illinois Constitution, on a matter of public concern.

This Act applies to a cause of action described in this subsection regardless of the motives of the person asserting the cause of action.

(c) This Act does not apply to a cause of action asserted:

(1) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(2) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or

(3) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services.

Section 10. Special motion for expedited relief.

(a) Not later than 60 days after a party is served with a complaint, petition, crossclaim, counterclaim, third-party claim, or other pleading that asserts a cause of action to which this Act applies, or at a later time on a showing of good cause, the party may file a special motion for expedited relief to dismiss or strike the cause of action in whole or in part.

(b) A special motion under this Section may be filed pursuant to any rule or procedure to dispose of a cause of action in whole or in part, including, but not limited to, Section 2-615 (motions with respect to pleadings), Section 2-619 (involuntary dismissal based on certain defects or defenses), Section 2-1005 (summary judgment), Section 2-1110 (directed verdict), Section 1202 (post-trial motion), or Section 2-1203 (motion after judgment) of the Code of Civil Procedure. A special motion may be filed as part of a combined motion pursuant to Section 2-619.1 of the Code of the Civil Procedure.

(c) Notwithstanding any other provision of law, a special motion under this Section does not waive the moving party's right to file any other pleading or motion or to raise any other defenses in response to the cause of action.

Section 15. Stay.

(a) Except as otherwise provided in subsections (d) through (g), on the filing of a special motion under this Act:

(1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(2) on motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the special motion.

(b) A stay under subsection (a) remains in effect until entry of an order ruling on the special motion and expiration of the time under Section 40 for the moving party to appeal the order.

(c) Except as otherwise provided in subsections (e), (f), and (g), if a party appeals from an order ruling on a special motion, all proceedings between all parties in the action are stayed. The stay remains in effect until the conclusion of the appeal.

(d) During a stay under subsection (a), the court may allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under subsection (a) of Section 30 and the information is not reasonably available unless discovery is allowed.

(e) A motion under Section 45 for costs, attorney's fees, and expenses is not subject to a stay under this Section.

(f) A stay under this Section does not affect a party's ability voluntarily to dismiss a cause of action in whole or in part.

(g) During a stay under this Section, the court for good cause may hear and rule on:

(1) a motion unrelated to the special motion; and

(2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.

Section 20. Hearing.

(a) The court shall hear a special motion under this Act not later than 60 days after filing of the motion, unless the court orders a later hearing:

(1) to allow discovery under subsection (d) of Section 15; or

(2) for other good cause.

(b) If the court orders a later hearing under paragraph (1) of subsection (a), the court shall hear the special motion not later than 60 days after the court order allowing the discovery, unless the court orders a later hearing under paragraph (2) of subsection (a).

Section 25. Proof. In ruling on a special motion, the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment under Section 2-1005 of the Code of Civil Procedure.

Section 30. Dismissing or striking a cause of action in whole or part.

(a) In ruling on a special motion, the court shall dismiss or strike a cause of action with prejudice in whole or in part if:

(1) the moving party establishes under subsection (b) of Section 5 that this Act applies;

(2) the responding party fails to establish under subsection (c) of Section 5 that this Act does not apply; and

(3) either:

(A) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(B) the moving party establishes that:

(i) the responding party failed to state a cause of action upon which relief can be granted; or

(ii) there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action in whole or in part.

(b) A voluntary dismissal without prejudice of a responding party's cause of action, in whole or in part, that is the subject of a special motion does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney's fees, and expenses under Section 45.

(c) A voluntary dismissal with prejudice of a responding party's cause of action, in whole or in part, that is the subject of a special motion establishes for the purpose of Section 45 that the moving party prevailed on the special motion.

Section 35. Ruling. The court shall rule on a motion under Section 10 not later than 60 days after a hearing under Section 20.

Section 40. Appeal. A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under Section 10. The appeal must be filed not later than 30 days after entry of the order.

Section 45. Costs, attorney's fees, and expenses. The court shall award court costs, reasonable attorney's fees, and reasonable litigation expenses related to a special motion:

(1) to the moving party if the moving party prevails on the motion; or

(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

Section 50. Construction. This Act must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution or the Illinois Constitution.

Section 55. Uniformity of application and construction. In applying and construing this uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 60. Transitional provision. This Act applies to a civil action filed or cause of action asserted in a civil action on or after the effective date of this Act.

Section 65. Savings clause. This Act does not affect a cause of action asserted before the effective date of this Act in a civil action or a motion under the Citizen Participation Act regarding such a cause of action.

Section 70. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

Section 75. Relation to the Citizen Participation Act. Beginning on the effective date of this Act, the Citizen Participation Act applies only to a civil action described in Section 65.

Section 900. The Citizen Participation Act is amended by changing Section 15 as follows:

(735 ILCS 110/15)

Sec. 15. Applicability. This Act applies to any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or is in response to any act or acts of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government filed before the effective date of the Uniform Public Expression Protection Act.

Acts in furtherance of the constitutional rights to petition, speech, association, and participation in government are immune from liability, regardless of intent or purpose, except when not genuinely aimed at procuring favorable government action, result, or outcome.

(Source: P.A. 95-506, eff. 8-28-07.)

Section 999. Effective date. This Act takes effect upon becoming law.