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IL HB5162
Bill
Status
1/8/2019
Primary Sponsor
Peter Breen
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AI Summary
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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.
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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.
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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.
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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.
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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