HB 3023

Abstract

Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons threatened by intimidation by threat of violence. Provides that if a plaintiff prevails in an action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant, whichever is greater. Provides that if a plaintiff prevails in the action, the court shall award the plaintiff reasonable attorney's fees and costs. Exempts statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. Provides that speech alone may not support an action brought under this Act, except upon a showing of all of the following: (i) the speech itself threatens violence against a specific person or group of persons; (ii) the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property; (iii) the person threatening violence is acting in reckless disregard for the threatening nature of the speech; and (iv) the person threatening violence has the apparent ability to carry out the threat.