093_HB2649

                                     LRB093 08950 DRJ 09182 b

 1        AN ACT in relation to civil procedure.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1.  Short title.  This Act may be  cited  as  the
 5    Citizen Participation Act.

 6        Section  5.  Public  policy.  Pursuant to the fundamental
 7    philosophy of the American constitutional form of government,
 8    it is declared to be  the  public  policy  of  the  State  of
 9    Illinois  that  the  constitutional  rights  of  citizens and
10    organizations to be involved and participate  freely  in  the
11    process of government must be encouraged and safeguarded with
12    great diligence.  The information, reports, opinions, claims,
13    arguments,  and  other  expressions  provided by citizens are
14    vital  to  effective  law  enforcement,  the   operation   of
15    government,  the  making  of public policy and decisions, and
16    the continuation of  representative  democracy.    The  laws,
17    courts,  and  other  agencies  of this State must provide the
18    utmost protection for the free exercise of  these  rights  of
19    petition, speech, association, and government participation.
20        Civil  actions  for money damages have been filed against
21    citizens and organizations of this State as a result of their
22    valid exercise of their constitutional  rights  to  petition,
23    speak  freely, associate freely, and otherwise participate in
24    and communicate with government.  There has been a disturbing
25    increase  in  lawsuits  termed  "Strategic  Lawsuits  Against
26    Public Participation" in government or "SLAPPs" as  they  are
27    popularly called.
28        The  threat of SLAPPs, personal liability, and burdensome
29    litigation costs significantly chills and diminishes  citizen
30    participation  in  government,  voluntary public service, and
31    the exercise of these important constitutional rights.   This
 
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 1    abuse  of  the  judicial  process  can and has been used as a
 2    means of intimidating, harassing, or punishing  citizens  and
 3    organizations for involving themselves in public affairs.
 4        It  is  in  the  public interest and it is the purpose of
 5    this Act to strike a balance between the rights of persons to
 6    file lawsuits for injury and  the  constitutional  rights  of
 7    persons  to  petition,  speak  freely,  associate freely, and
 8    otherwise participate in government; to protect and encourage
 9    public participation in  government  to  the  maximum  extent
10    permitted  by  law;  to  establish  an  efficient process for
11    identification and adjudication of SLAPPs; and to provide for
12    attorney's fees and costs to prevailing movants.

13        Section 10.  Definitions. In this Act:
14        "Government"  includes  a  branch,  department,   agency,
15    instrumentality,  official,  employee, agent, or other person
16    acting under color of law of the United States,  a  state,  a
17    subdivision of a state, or another public authority including
18    the electorate.
19        "Person"    includes    any    individual,   corporation,
20    association, organization, partnership,  2  or  more  persons
21    having a joint or common interest, or other legal entity.
22        "Judicial claim" or "claim" include any lawsuit, cause of
23    action,  claim,  cross-claim, counterclaim, or other judicial
24    pleading or filing alleging injury.
25        "Motion" includes any  motion  to  dismiss,  for  summary
26    judgment,  or to strike, or any other judicial pleading filed
27    to dispose of a judicial claim.
28        "Moving party" means any person on whose behalf a  motion
29    described  in  subsection  (a) of Section 20 is filed seeking
30    dismissal of a judicial claim.
31        "Responding party" means any person against whom a motion
32    described in subsection (a) of Section 20 is filed.
 
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 1        Section  15.  Applicability.  This  Act  applies  to  any
 2    motion to dispose of a claim in a judicial proceeding on  the
 3    grounds  that  the  claim  is  based on, relates to, or is in
 4    response  to  any  act  or  acts  of  the  moving  party   in
 5    furtherance of the moving party's rights of petition, speech,
 6    association, or to otherwise participate in government.
 7        Acts  in  furtherance  of  the  constitutional  rights to
 8    petition,   speech,   association,   and   participation   in
 9    government are immune from liability, regardless of intent or
10    purpose,  except  when  not  genuinely  aimed  at   procuring
11    favorable government action, result, or outcome.

12        Section 20.  Motion procedure and standards.
13        (a)  On  the filing of any motion as described in Section
14    15, a hearing and decision on the motion must occur within 90
15    days after notice of the motion is given to  the  respondent.
16    An  appellate  court shall expedite any appeal or other writ,
17    whether interlocutory  or  not,  from  a  trial  court  order
18    denying  that  motion or from a trial court's failure to rule
19    on that motion within 90 days after that trial court order or
20    failure to rule.
21        (b)  Discovery shall be suspended pending a  decision  on
22    the  motion.  However,  discovery may be taken, upon leave of
23    court for good cause shown,  on  the  issue  of  whether  the
24    movants   acts   are  not  immunized  from,  or  are  not  in
25    furtherance of acts immunized  from, liability by this Act.
26        (c)  The court shall grant the  motion  and  dismiss  the
27    judicial  claim  unless  the  court finds that the responding
28    party has produced clear and  convincing  evidence  that  the
29    acts  of  the moving party are not immunized from, or are not
30    in furtherance of acts immunized from, liability by this Act.

31        Section 25.  Attorney's fees and costs. The  court  shall
32    award  a moving party who prevails in a motion under this Act
 
                            -4-      LRB093 08950 DRJ 09182 b
 1    reasonable attorney's fees and costs incurred  in  connection
 2    with the motion.

 3        Section 30.  Construction of Act.
 4        (a)  Nothing  in  this  Act  shall  limit or preclude any
 5    rights  the  moving  party   may   have   under   any   other
 6    constitutional,  statutory,  case  or  common  law,  or  rule
 7    provisions.
 8        (b)  This  Act shall be construed liberally to effectuate
 9    its purposes and intent fully.

10        Section 35.  Severability.  The provision of this Act are
11    severable under Section 1.31 of the Statute on Statutes.

12        Section 99.  Effective date.  This Act takes effect  upon
13    becoming law.