100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5162

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 110/10
735 ILCS 110/15
735 ILCS 110/20

    Amends the Citizen Participation Act. Changes the definition of "motion". Provides that the intent of the responding party in bringing the claim is not taken into account for any motion to dispose of a claim on the grounds that the claim is in response to any act of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government. Provides that unless a court finds that the responding party has shown by a preponderance of the evidence a probability (rather than "produced clear and convincing evidence") that the acts of the moving party are not immunized from liability of this Act a court shall grant a motion to dispose of a claim on the grounds that the claim is in response to any act of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government and dismiss the claim.


LRB100 20706 HEP 36171 b

 

 

A BILL FOR

 

HB5162LRB100 20706 HEP 36171 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Citizen Participation Act is amended by
5changing Sections 10, 15, and 20 as follows:
 
6    (735 ILCS 110/10)
7    Sec. 10. Definitions. In this Act:
8    "Government" includes a branch, department, agency,
9instrumentality, official, employee, agent, or other person
10acting under color of law of the United States, a state, a
11subdivision of a state, or another public authority including
12the electorate.
13    "Person" includes any individual, corporation,
14association, organization, partnership, 2 or more persons
15having a joint or common interest, or other legal entity.
16    "Judicial claim" or "claim" include any lawsuit, cause of
17action, claim, cross-claim, counterclaim, or other judicial
18pleading or filing alleging injury.
19    "Motion" includes a special motion to strike under this
20Act, filed to dispose of a judicial claim, within the time
21allowed for responding to the claim and including any
22extensions granted by the court, and may raise any and all
23legal and evidentiary deficiencies in the claim along with

 

 

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1asserting any legal or evidentiary defenses thereto any motion
2to dismiss, for summary judgment, or to strike, or any other
3judicial pleading filed to dispose of a judicial claim.
4    "Moving party" means any person on whose behalf a motion
5described in subsection (a) of Section 20 is filed seeking
6dismissal of a judicial claim.
7    "Responding party" means any person against whom a motion
8described in subsection (a) of Section 20 is filed.
9(Source: P.A. 95-506, eff. 8-28-07.)
 
10    (735 ILCS 110/15)
11    Sec. 15. Applicability. Without regard to the intent of the
12responding party in bringing the claim, this This Act applies
13to any motion to dispose of a claim in a judicial proceeding on
14the grounds that the claim is based on, relates to, or is in
15response to any act or acts of the moving party in furtherance
16of the moving party's rights of petition, speech, association,
17or to otherwise participate in government.
18    Acts in furtherance of the constitutional rights to
19petition, speech, association, and participation in government
20are immune from liability, regardless of intent or purpose,
21except when not genuinely aimed at procuring favorable
22government action, result, or outcome.
23(Source: P.A. 95-506, eff. 8-28-07.)
 
24    (735 ILCS 110/20)

 

 

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1    Sec. 20. Motion procedure and standards.
2    (a) On the filing of any motion as described in Section 15,
3a hearing and decision on the motion must occur within 90 days
4after notice of the motion is given to the respondent. An
5appellate court shall expedite any appeal or other writ,
6whether interlocutory or not, from a trial court order denying
7that motion or from a trial court's failure to rule on that
8motion within 90 days after that trial court order or failure
9to rule.
10    (b) Discovery shall be suspended pending a decision on the
11motion. However, discovery may be taken, upon leave of court
12for good cause shown, on the issue of whether the movants acts
13are not immunized from, or are not in furtherance of acts
14immunized from, liability by this Act.
15    (c) The court shall grant the motion and dismiss the
16judicial claim unless the court finds that the responding party
17has shown by a preponderance of the evidence a probability
18produced clear and convincing evidence that the acts of the
19moving party are not immunized from, or are not in furtherance
20of acts immunized from, liability by this Act.
21(Source: P.A. 95-506, eff. 8-28-07.)