HB 3430

  • Illinois House Bill
  • 95th Regular Session
  • Introduced in House
  • House
  • Senate
  • Governor

Civ Pro-Free Speech Motion

Abstract

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 Sponsors (1)

Votes


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Actions


Jan 13, 2009

House

Session Sine Die

Mar 23, 2007

House

Rule 19(a) / Re-referred to Rules Committee

Mar 01, 2007

House

Assigned to Judiciary I - Civil Law Committee

Feb 27, 2007

House

Filed with the Clerk by Rep. Jack D. Franks

House

First Reading

House

Referred to Rules Committee

Bill Text

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