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92_SB1633 LRB9215066WHcs 1 AN ACT concerning civil procedure. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 adding Section 2-615.1 as follows: 6 (735 ILCS 5/2-615.1 new) 7 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 10 has been a disturbing increase in lawsuits brought primarily 11 to 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. 17 To 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: 22 (1) any written or oral statement or writing made 23 before a legislative, executive, or judicial proceeding, 24 or any other official proceeding authorized by law; 25 (2) any written or oral statement or writing made 26 in connection with an issue under consideration or review 27 by a legislative, executive, or judicial body, or any 28 other official proceeding authorized by law; 29 (3) any written or oral statement or writing made 30 in a place open to the public or a public forum in 31 connection with an issue of public interest; and -2- LRB9215066WHcs 1 (4) any other conduct in furtherance of the 2 exercise of the constitutional right of petition or the 3 constitutional right of free speech in connection with a 4 public issue or an issue of public interest. 5 (c) A cause of action against a person arising from any 6 act of that person in furtherance of the person's right of 7 petition or free speech under the United States Constitution 8 or Illinois Constitution in connection with a public issue is 9 subject to a special motion to dismiss unless the court 10 determines that the party bringing the action has established 11 that there is a probability that the party will prevail on 12 the claim. In making its determination, the court shall 13 consider the pleadings and supporting and opposing affidavits 14 stating the facts upon which the liability or defense is 15 based. If the court determines that the party bringing the 16 action has established a probability that he or she will 17 prevail on the claim, neither that determination nor the fact 18 of that determination shall be admissible in evidence at any 19 later stage of the case, and no burden of proof or degree of 20 proof otherwise applicable shall be affected by that 21 determination. 22 (d) In an action subject to subsection (c), a party 23 filing a special motion to dismiss is entitled to recover his 24 or her attorney's fees and costs if the motion prevails. If 25 the court finds that a special motion to dismiss is frivolous 26 or is solely intended to cause unnecessary delay, the party 27 bringing the action is entitled to recover his or her 28 attorney's fees and costs. 29 (e) A special motion to dismiss may be filed within 60 30 days of the pleading that is subject to the special motion to 31 dismiss or, in the court's discretion, at any later time upon 32 terms it deems proper. The special motion to dismiss shall be 33 scheduled for hearing not more than 30 days after service of 34 the motion unless the docket conditions of the court require -3- LRB9215066WHcs 1 a later hearing. 2 (f) Except as otherwise provided in this subsection (f), 3 all discovery proceedings in the action shall be stayed upon 4 the filing of a notice of motion made under this Section. The 5 stay of discovery shall remain in effect until notice of 6 entry of the order ruling on the motion. The court, on motion 7 and notice and for good cause shown, may order that specified 8 discovery be conducted notwithstanding this subsection (f). 9 (g) An order granting or denying a special motion to 10 dismiss is appealable in the same manner as a final order in 11 the action. 12 (h) This Section does not apply to an action brought by 13 the Attorney General, a State's Attorney, or an attorney for 14 a unit of local government acting in an official capacity. 15 (i) A party filing a special motion to dismiss under 16 this Section and a party filing a response to a special 17 motion to dismiss shall promptly transmit to the 18 Administrative Office of the Illinois Courts, by e-mail or 19 fax, a copy of the motion or response, a copy of any related 20 notice of appeal, and a copy of any order issued under this 21 Section, including any order granting or denying a special 22 motion to dismiss, discovery, or fees. The Administrative 23 Office of the Illinois Courts shall maintain a public record 24 of information transmitted under this subsection (i) for at 25 least 3 years and may store the information on microfilm or 26 other appropriate electronic media. 27 (j) On or before December 31, 2004, the Administrative 28 Office of the Illinois Courts shall report to the General 29 Assembly on the frequency and outcome of special motions to 30 dismiss made under this Section and on any other matters 31 pertinent to the purposes of this Section.