Full Text of HB5162 100th General Assembly
HB5162 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB5162 Introduced , by Rep. Peter Breen SYNOPSIS AS INTRODUCED: |
| 735 ILCS 110/10 | | 735 ILCS 110/15 | | 735 ILCS 110/20 | |
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Amends the Citizen Participation Act. Changes the definition of "motion". Provides that the intent of the responding party in bringing the claim is not taken into account for any motion to dispose of a claim on the grounds that the claim is in response to any act of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government. Provides that unless a court finds that the responding party has shown by a preponderance of the evidence a probability (rather than "produced clear and convincing evidence") that the acts of the moving party are not immunized from liability of this Act a court shall grant a motion to dispose of a claim on the grounds that the claim is in response to any act of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government and dismiss the claim.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Citizen Participation
Act is amended by | 5 | | changing Sections 10, 15, and 20 as follows: | 6 | | (735 ILCS 110/10)
| 7 | | Sec. 10. Definitions.
In this Act:
| 8 | | "Government" includes a branch, department, agency,
| 9 | | instrumentality, official, employee, agent, or other person | 10 | | acting under color
of law of the United States, a state, a | 11 | | subdivision of a state, or another
public authority including | 12 | | the electorate.
| 13 | | "Person" includes any individual, corporation, | 14 | | association,
organization, partnership, 2 or more persons | 15 | | having a joint or common
interest, or other legal entity.
| 16 | | "Judicial claim" or "claim" include any lawsuit, cause of
| 17 | | action, claim, cross-claim, counterclaim, or other judicial | 18 | | pleading or filing
alleging injury.
| 19 | | "Motion" includes a special motion to strike under this | 20 | | Act, filed to dispose of a judicial claim, within the time | 21 | | allowed for responding to the claim and including any | 22 | | extensions granted by the court, and may raise any and all | 23 | | legal and evidentiary deficiencies in the claim along with |
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| 1 | | asserting any legal or evidentiary defenses thereto any motion | 2 | | to dismiss, for summary
judgment, or to strike, or any other | 3 | | judicial pleading filed to dispose
of a judicial claim .
| 4 | | "Moving party" means any person on whose behalf a motion
| 5 | | described in subsection (a) of Section 20 is filed seeking | 6 | | dismissal of a
judicial claim.
| 7 | | "Responding party" means any person against whom a motion
| 8 | | described in subsection (a) of Section 20 is filed.
| 9 | | (Source: P.A. 95-506, eff. 8-28-07.) | 10 | | (735 ILCS 110/15)
| 11 | | Sec. 15. Applicability.
Without regard to the intent of the | 12 | | responding party in bringing the claim, this This Act applies | 13 | | to any motion to dispose of a claim in a judicial proceeding
on | 14 | | the grounds that the claim is based on, relates to, or is in | 15 | | response to any
act or acts of the moving party in furtherance | 16 | | of the moving party's rights of
petition, speech, association, | 17 | | or to otherwise participate in government.
| 18 | | Acts in furtherance of the constitutional rights to | 19 | | petition, speech,
association, and participation in government | 20 | | are immune from liability,
regardless of intent or purpose, | 21 | | except when not genuinely aimed at procuring
favorable | 22 | | government action, result, or outcome.
| 23 | | (Source: P.A. 95-506, eff. 8-28-07.) | 24 | | (735 ILCS 110/20)
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| 1 | | Sec. 20. Motion procedure and standards.
| 2 | | (a) On the filing of any motion as described in Section 15, | 3 | | a hearing and
decision on the motion must occur within 90 days | 4 | | after notice of the motion is
given to the
respondent.
An | 5 | | appellate
court shall expedite any appeal or other writ, | 6 | | whether interlocutory or not,
from a trial court order denying | 7 | | that motion or from a trial court's failure to
rule on that | 8 | | motion within 90 days after that trial court order or failure | 9 | | to
rule.
| 10 | | (b) Discovery shall be suspended pending a decision on the | 11 | | motion. However,
discovery may be taken, upon leave of court | 12 | | for good cause shown, on the issue
of whether the movants
acts | 13 | | are not immunized from, or are not in furtherance of acts | 14 | | immunized
from, liability by this Act.
| 15 | | (c) The court shall grant the motion and dismiss the | 16 | | judicial claim unless
the court finds that the responding party | 17 | | has shown by a preponderance of the evidence a probability | 18 | | produced clear and convincing
evidence that the acts of the | 19 | | moving party are not immunized from, or are not
in
furtherance | 20 | | of acts immunized from, liability by this Act.
| 21 | | (Source: P.A. 95-506, eff. 8-28-07.)
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