SB 981 — AN ACT CONCERNING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION AND A SPECIAL MOTION TO DISMISS.

General Assembly   RaisedSubstitute Bill No.

981 January Session, 2017   LCO*_____SB00981JUD___040317____* No.AN ACT CONCERNING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION AND A SPECIAL MOTION TO DISMISS.

4928   *04928_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION AND A SPECIAL MOTION TO DISMISS.

(NEW) (Effective fromOctober passage1, 2017, and applicable to any civil action pendingfiled on or filed after thesaid effectivedate) date of this section) (a) As used in this section:

(1) "Matter of public concern" means an issue related to (A) health or safety, (B) environmental, economic or community well-being, (C) the government, (D)zoning aand publicother officialregulatory ormatters, public figure, or (E)(D) a good,public productofficial or servicepublic infigure; the marketplace;

(4) "Right of association" means communication betweenamong individuals who join together to collectively express, promote, pursue or defend common interests;

(b) In any civil action in which a party files a complaint, counterclaim or cross claim against an opposing party that is based on the opposing party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of thisthe state in connection with a matter of public concern, such opposing party may file a special motion to dismiss the complaint, counterclaim or cross claim.

(c) Any party filing a special motion to dismiss shall file such motion not later than sixty days after the date of service of the complaint, counterclaim or cross claim.claim described in subsection (b) of this section.

The expedited hearing shall be held not later than thirty days after the date of servicefiling of such special motion to dismiss, unless, (A) the court orders specified and limited discovery pursuant to subsection (d) of this section, in which case, the expedited hearing shall be held not later than thirty days after the date on which such specified and limited discovery must be completed, (B) the parties agree to a hearing date that is beyond the thirty-day period, or (C) the court, for good cause shown, is unable to schedule the hearing during the thirty-day period.

(3) The court shall grant a special motion to dismiss if the moving party makes an initial showing, by a preponderance of the evidence, that the opposing party's complaint, counterclaim or cross claim is based on the moving party's exercise of its right of free speech, right to petition the government, or right of association under the Constitution of the United States or the Constitution of thisthe state in connection with a matter of public concern;concern, unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court by a preponderance of the evidence, a probability of prevailing on the merits of the complaint, counterclaim or cross claim.

unless the party that brought the complaint, counterclaim or cross claim sets forth with particularity the circumstances giving rise to the complaint, counterclaim or cross claim and demonstrates to the court by a preponderance of the evidence, a probability of prevailing on the merits of the complaint, counterclaim or cross claim.

Section 1 fromOctober passage1, 2017, and applicable to any civil action pendingfiled on or filed after thesaid effective date of this section New section Statement of Purpose:Legislative Commissioners:

ToIn establishSection a1(e) special"service" motionwas changed to dismiss"filing" infor civilaccuracy proceedingsand involvingconsistency. a strategic lawsuit against public participation.

[ProposedJUD deletionsJoint areFavorable enclosedSubst. in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]