Bill Status of HB3431 95th General Assembly
Short Description: LITIGATN VS PUBLIC PARTICIPATN
Rep. Jack D. Franks - Paul D. Froehlich - Sara Feigenholtz
| 1/13/2009||House||Session Sine Die|
Statutes Amended In Order of Appearance
Synopsis As Introduced
Creates the Illinois Act Limiting Strategic Litigation Against Public Participation. Makes legislative findings: there has been a disturbing increase in lawsuits brought to chill the rights of freedom of speech and petition for the redress of grievances; such lawsuits, called "Strategic Lawsuits Against Public Participation" or "SLAPPS", are typically dismissed as groundless or unconstitutional but not before the defendants are put to expense and harassment; it is in the public interest for citizens to participate in matters of public concern without fear of reprisal through the judicial process; and expedited judicial review would avoid this abuse. Provides that the Act applies to any claim based on an action involving public participation and petition which includes: any statement made or document submitted, in a legislative, executive, or judicial proceeding or concerning an issue under review by a legislative, executive, or judicial proceeding. Provides that the Act shall not apply to any action brought by the Attorney General, a State's Attorney, or a municipal attorney, acting as a public prosecutor. Provides that a party may file a special motion to strike any claim by showing that the claim is based on an action involving public participation. Provides that if the moving party meets this burden, the burden shifts to the responding party to establish a probability of prevailing on the claim. Provides that the court shall award a moving party who prevails on a special motion to strike costs of litigation and any reasonable attorney's fees and additional relief, including sanctions. Effective immediately.