Assembly Actions -
Senate Actions - UPPERCASE
|May 12, 2022||
referred to codes
Senate Bill S9239
2021-2022 Legislative Session
Archive: Last Bill Status - In Senate Committee Codes Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-S9239 (ACTIVE) - Details
2021-S9239 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9239 SPONSOR: HOYLMAN TITLE OF BILL: An act to amend the civil rights law, in relation to strategic lawsuits against public participation and to make technical corrections; and to amend chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation, in relation to the application thereof PURPOSE OF BILL: To clarify that chapter 250 of the laws of 2020, enhancing anti-SLAPP protections, applied to cases pending on the effective date of the law, and to make other necessary changes to clarify anti-SLAPP procedures and the substantial basis standard. SUMMARY OF PROVISIONS: Section 1 clarifies the procedures for asserting a substantive anti-SLAPP cause of action and clarifies the substantial basis standard.
2021-S9239 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9239 I N S E N A T E May 12, 2022 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil rights law, in relation to strategic lawsuits against public participation and to make technical corrections; and to amend chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation, in relation to the application thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 70-a of the civil rights law, as added by chapter 767 of the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter 250 of the laws of 2020, is amended to read as follows: § 70-a. Actions involving public petition and participation; recovery of damages. 1. FOR THE PURPOSES OF THIS SECTION: (A) A "STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION" OR "SLAPP" MEANS A LEGAL CLAIM COMMENCED OR CONTINUED AGAINST AN INDIVIDUAL OR AN ORGANIZATION ARISING OUT OF THAT PARTY'S EXERCISE OF THE CONSTITUTIONAL RIGHT OF FREE SPEECH ABOUT AN ISSUE OF PUBLIC CONCERN AND LACKING A SUBSTANTIAL BASIS IN FACT AND/OR LAW. (B) "SUBSTANTIAL BASIS" MEANS A HEIGHTENED PLEADING BURDEN, GREATER THAN THAT OF PLAUSIBILITY, COGNIZABILITY, OR REASONABLENESS, AND REQUIR- ING A DEMONSTRATION OF A PROBABILITY OF PREVAILING ON THE CLAIM. 2. A PREVAILING defendant in an action involving public petition and participation, as defined in paragraph (a) of subdivision one of section seventy-six-a of this article, may [maintain] ASSERT A SUBSTANTIVE CAUSE OF ACTION AGAINST THE PLAINTIFF IN THE UNDERLYING LITIGATION. THE PREVAILING DEFENDANT MAY FILE an action, claim, cross claim or counter- claim to recover damages, including costs and attorney's fees, from [any person who commenced or continued such action] A SLAPP PLAINTIFF; provided that: (a) costs and attorney's fees shall be recovered upon AN ADJUDICATION PURSUANT TO SUBDIVISION (G) OF RULE THIRTY-TWO HUNDRED ELEVEN OR SUBDI- VISION (H) OF RULE THIRTY-TWO HUNDRED TWELVE OF THE CIVIL PRACTICE LAW AND RULES, AN ADJUDICATION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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