SB 95 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, providing for immunity for constitutionally protected communications.

PRIOR PRINTER'S NO.

315 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

74195 THE2017 GENERALINTRODUCED ASSEMBLYBY OFFARNESE, PENNSYLVANIAGREENLEAF, SENATEBOSCOLA, BILLVULAKOVICH, SessionBLAKE, ofYUDICHAK, No.BREWSTER, FONTANA, COSTA, MENSCH, HAYWOOD, RAFFERTY, HUGHES, BROWNE AND LEACH, FEBRUARY 15, 2017 REFERRED TO JUDICIARY, FEBRUARY 15, 2017 AN ACT AmePennsylvania Consolidated Statutes, in particular rights and immunities, providing for immunity for constitutionally protected communications.

95 2017 INTRODUCED BY FARNESE, GREENLEAF, BOSCOLA, VULAKOVICH, BLAKE, YUDICHAK, BREWSTER, FONTANA, COSTA, MENSCH, HAYWOOD, RAFFERTY, HUGHES, BROWNE AND LEACH, FEBRUARY 15, 2017 AS AMENDED ON SECOND CONSIDERATION, APRIL 24, 2017 AN ACT AmePennsylvania Consolidated Statutes, in particular rights and immunities, providing for immunity for constitutionally protected communications.

(2) The motion to dismiss shall be scheduled by the prothonotary COURT for a hearing not more than 30 days after <-- the service of the motion unless the docket conditions of the court require a later hearing.

The court, on its own motion or on motion and for good cause shown, may order that 20170SB0095PN074120170SB0095PN0315 - 2 - specified discovery be conducted limited to matters pertinent to the motion filed under this section.

(e) Authorized recovery.-- 20170SB0095PN074120170SB0095PN0315 - 3 - (1) A moving party who prevails in whole or in part on a motion to dismiss under this section shall be entitled to recover attorney fees and costs from any party who has filed an action, part or all of which has been dismissed under subsection (b)(1).

Any attorney fees, costs or damages due under this section shall be payable by any person or group of persons acting, directly or <-- indirectly, in the interest of the party deemed responsible for the attorney fees, costs or damages.

(3) If the court finds that a motion to dismiss is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to the NONMOVING party prevailing on the motion.

Any attorney <-- fees, costs or damages due under this section shall be payable by any person deemed responsible for such attorney fees, costs or damages.

20170SB0095PN074120170SB0095PN0315 - 4 - "Constitutionally protected communication." Any good faith A <-- communication in furtherance of a right to petition or a right to free speech, which right is exercised in connection with an issue of public concern or social significance under the following circumstances:

"Governmental proceeding." A proceeding, other than a judicial proceeding, conducted by an officer, official or body of this State or a political subdivision of this State, including a board or commission, or by an officer, official or 20170SB0095PN074120170SB0095PN0315 - 5 - body of the Federal Government.

"Moving party who prevails." A party who files a motion to <-- dismiss under this section if, after the filing, the party against whom the motion is filed withdraws either the entire action or any part of the complaint pertaining to a protected communication.

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