HB 3431 Illinois House · 95th Regular Session

LITIGATN VS PUBLIC PARTICIPATN

Summary
Creates the Illinois Act Limiting Strategic Litigation Against Public Participation. Makes legislative findings: there has been a disturbing increase in lawsuits brought to chill the rights of freedom of speech and petition for the redress of grievances; such lawsuits, called "Strategic Lawsuits Against Public Participation" or "SLAPPS", are typically dismissed as groundless or unconstitutional but not before the defendants are put to expense and harassment; it is in the public interest for citizens to participate in matters of public concern without fear of reprisal through the judicial process; and expedited judicial review would avoid this abuse. Provides that the Act applies to any claim based on an action involving public participation and petition which includes: any statement made or document submitted, in a legislative, executive, or judicial proceeding or concerning an issue under review by a legislative, executive, or judicial proceeding. Provides that the Act shall not apply to any action brought by the Attorney General, a State's Attorney, or a municipal attorney, acting as a public prosecutor. Provides that a party may file a special motion to strike any claim by showing that the claim is based on an action involving public participation. Provides that if the moving party meets this burden, the burden shifts to the responding party to establish a probability of prevailing on the claim. Provides that the court shall award a moving party who prevails on a special motion to strike costs of litigation and any reasonable attorney's fees and additional relief, including sanctions. Effective immediately.
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
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Full legislative history

Actions timeline

Total actions
8
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