Text: H01508 Text: H01510 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 405, as amended, passed, and 1 2 reprinted by the Senate, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "Section 101. Section 331.756, Code 1999, is 1 6 amended by adding the following new subsection: 1 7 NEW SUBSECTION. 77A. Represent persons pursuant 1 8 to section 613.20." 1 9 #2. Page 5, by inserting after line 25 the 1 10 following: 1 11 "Sec. 102. NEW SECTION. 613.20 IMMUNITY FOR 1 12 PUBLIC PARTICIPATION LIABILITY FOR DAMAGES FOR 1 13 ABUSE OF PROCESS. 1 14 1. As used in this section: 1 15 a. "Civil suit" means any civil claim, 1 16 counterclaim, or cross-claim. 1 17 b. "Good faith" means a reasonable belief in the 1 18 truth of the information conveyed and a genuine 1 19 interest in the matter of public interest or concern. 1 20 c. "Public participation" means the process of 1 21 making a written, oral, or symbolic nonverbal 1 22 statement or communication pertaining to an issue 1 23 under consideration or review by a governmental body 1 24 or in a governmental proceeding, or otherwise 1 25 pertaining to an issue of public interest or concern, 1 26 that is intended to encourage consideration or review 1 27 of the issue, influence action on the issue, or to 1 28 enlist public support or action in relation to the 1 29 issue. 1 30 d. "Symbolic nonverbal statement or communication" 1 31 means an action undertaken in lieu of verbal 1 32 expression that conveys the actor's message or 1 33 position regarding a matter of public interest or 1 34 concern. 1 35 2. A person is immune from civil suit in relation 1 36 to the person's good faith public participation in a 1 37 matter of public interest or concern. 1 38 3. A person immune from civil suit pursuant to 1 39 subsection 2, in addition to other rights and remedies 1 40 available under law, shall have the following rights 1 41 in the event a civil suit is filed against such 1 42 person: 1 43 a. To request and be granted an expedited hearing 1 44 on a motion to dismiss the suit. 1 45 b. To have the suit dismissed upon motion if the 1 46 court finds that the plaintiff is unlikely to prevail 1 47 upon the merits, and that the suit was more likely 1 48 than not filed for its chilling effect upon the speech 1 49 or actions of the defendant or other persons. 1 50 c. To request and be granted an injunction staying 2 1 governmental action on the public matter underlying 2 2 the suit. 2 3 d. To request and be granted appropriate limits on 2 4 discovery. 2 5 e. To request and be granted an expedited trial 2 6 and appeal, if applicable. 2 7 f. To be represented in the suit by the attorney 2 8 general, or in the alternative by the county attorney, 2 9 or by court-appointed, pro bono counsel in the event 2 10 both the attorney general and the county attorney 2 11 cannot represent the person. 2 12 4. A person that unreasonably files a civil suit 2 13 against a person immune from suit under subsection 2 2 14 is liable for abuse of process and compensatory 2 15 damages, including recovery of litigation costs and 2 16 attorney fees, and is also liable for punitive damages 2 17 if both of the following findings are made by the 2 18 court: 2 19 a. The court finds by a preponderance of the 2 20 evidence that the suit was primarily filed in order to 2 21 chill the speech or actions of the person sued, or to 2 22 deter speech or action by other parties in relation to 2 23 the same plaintiff or the same matter of public 2 24 interest or concern. 2 25 b. The court finds by a preponderance of the 2 26 evidence that the suit cannot be supported by existing 2 27 law or by a good faith argument for the extension of 2 28 existing law. 2 29 Sec. 103. EFFECTIVE DATE. Sections 101 and 102 of 2 30 this Act, being deemed of immediate importance, take 2 31 effect upon enactment." 2 32 #3. Title page, line 3, by inserting after the 2 33 word "problem" the following: "and out of 2 34 participation in good faith in matters of public 2 35 concern, and providing an effective date". 2 36 #4. By renumbering as necessary. 2 37 2 38 2 39 2 40 FALLON of Polk 2 41 SF 405.507 78 2 42 mj/jw
Text: H01508 Text: H01510 Text: H01500 - H01599 Text: H Index Bills and Amendments: General Index Bill History: General Index
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