HB 3430 Illinois House · 95th Regular Session

CIV PRO-FREE SPEECH MOTION

Summary
Amends the Code of Civil Procedure. Provides that a cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or Illinois Constitution in connection with a public issue is subject to a special motion to dismiss unless the court determines that the party bringing the action has established that there is a probability that the party will prevail on the claim. Provides for notice, attorney's fees and costs, and appeals. Does not apply to an action brought by the Attorney General, a State's Attorney, or an attorney for a unit of local government acting in an official capacity. Provides that discovery proceedings in the action shall be stayed until notice of entry of the order ruling on the motion unless the court orders that specified discovery be conducted. Provides that the Attorney General shall report to the General Assembly on the frequency and outcome of special motions to dismiss and shall maintain a public record of motions to dismiss and related pleadings and orders transmitted to it by parties to actions.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2007
Committee Review
Floor Vote
Governor
Introduced Feb 27, 2007 Last action Jan 13, 2009
Floor votes

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Full legislative history

Actions timeline

Total actions
6
Key actions
0
Committee
3
Jan 13, 2009
House · Failed
Session Sine Die
Mar 23, 2007
House · Referred to committee
Rule 19(a) / Re-referred to Rules Committee
Mar 1, 2007
House · Referred to committee
Assigned to Judiciary I - Civil Law Committee
Feb 27, 2007
House · Referred to committee
Referred to Rules Committee
0 primary · 1 co-sponsor

Sponsors

Role
Legislator
Party
State
District
Co
Photo of Jack D. Franks
Jack D. Franks
DDemocratic
IL
63