Bill Status of SB 168   93rd General Assembly

Short Description:  CIV PRO-RIGHT OF PETITION

Senate Sponsors
Sen. Dan Cronin-John J. Cullerton-Barack Obama

House Sponsors
(Rep. Sara Feigenholtz)


Last Action  View All Actions

DateChamber Action
  1/11/2005SenateSession 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 Administrative Office of the Illinois Courts 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.

Senate Committee Amendment No. 1
Deletes reference to:
735 ILCS 5/2-615.1 new
Adds reference to:
New Act

Deletes everything. 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.

Actions 
DateChamber Action
  2/4/2003SenateFiled with Secretary by Sen. Dan Cronin
  2/4/2003SenateFirst Reading
  2/4/2003SenateReferred to Rules
  2/5/2003SenateAdded as Chief Co-Sponsor Sen. John J. Cullerton
  2/19/2003SenateAssigned to Judiciary
  2/27/2003SenatePostponed - Judiciary
  3/5/2003SenatePostponed - Judiciary
  3/10/2003SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Dan Cronin
  3/10/2003SenateSenate Committee Amendment No. 1 Referred to Rules
  3/11/2003SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  3/11/2003SenateSenate Committee Amendment No. 1 Adopted
  3/13/2003SenateAdded as Chief Co-Sponsor Sen. Barack Obama
  3/13/2003SenateDo Pass as Amended Judiciary; 010-000-000
  3/13/2003SenatePlaced on Calendar Order of 2nd Reading March 18, 2003
  3/21/2003SenateSecond Reading
  3/21/2003SenatePlaced on Calendar Order of 3rd Reading March 24, 2003
  4/3/2003SenateThird Reading - Passed; 059-000-000
  4/3/2003HouseArrived in House
  4/3/2003HousePlaced on Calendar Order of First Reading
  4/16/2003HouseChief House Sponsor Rep. Sara Feigenholtz
  4/16/2003HouseFirst Reading
  4/16/2003HouseReferred to Rules Committee
  5/1/2003HouseAssigned to Executive Committee
  5/2/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
  6/1/2003HouseRule 19(a) / Re-referred to Rules Committee
  1/11/2005SenateSession Sine Die

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