HB 1367 Summary

• Expands prohibition on Strategic Lawsuits Against Public Participation (SLAPP) suits to include private individuals and businesses, in addition to existing restrictions on governmental entities

• Provides immunity from civil liability for acts in furtherance of constitutional rights to petition government, assemble peacefully, and participate in government processes, regardless of intent or purpose

• Authorizes defendants to file special motions to dismiss, motions for judgment on the pleadings, or motions for summary judgment with expedited 90-day court review and automatic stay of discovery

• Shifts burden of proof so responding party must demonstrate by clear and convincing evidence that the lawsuit has substantial legal basis, rather than moving party proving SLAPP status

• Awards prevailing defendants reasonable attorney fees and costs; allows additional compensatory and punitive damages if plaintiff filed suit to harass, intimidate, or punish public participation

• Effective date: July 1, 2012