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IL HB5162

Bill

Status

Failed

1/8/2019

Primary Sponsor

Peter Breen

Click for details

Origin

House of Representatives

100th General Assembly

AI Summary

  • Amends the Citizen Participation Act to redefine "motion" to specifically include special motions to strike filed within the time allowed for responding to a claim, and to allow raising any legal and evidentiary deficiencies in the claim.

  • Eliminates consideration of the responding party's intent when determining whether a motion to dispose of a claim should be granted based on the moving party's constitutional rights of petition, speech, association, or participation in government.

  • Lowers the evidentiary standard from "clear and convincing evidence" to "a preponderance of the evidence" for courts to find that a moving party's acts are not immunized from liability under the Act.

  • Requires courts to grant a motion to dismiss and dismiss the claim unless the responding party shows by preponderance of the evidence that the moving party's acts are not immunized from liability.

  • Mandates a hearing and decision on the motion within 90 days after notice is given to the respondent, with appellate courts required to expedite any appeal from denial of the motion or failure to rule within 90 days.

Legislative Description

CITIZEN PARTICIPATION-MOTION

Last Action

Session Sine Die

1/8/2019

Committee Referrals

Rules4/27/2018
Judiciary - Civil4/10/2018
Civil Procedure3/23/2018
Judiciary - Civil3/7/2018
Rules2/16/2018

Full Bill Text

No bill text available