Senate Bill S9239

2021-2022 Legislative Session

Relates to strategic lawsuits against public participation and makes technical corrections

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S9239 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Rights Law
Laws Affected:
Amd §§70-a, 76-a & 71, Civ Rts L; amd §4, Chap 250 of 2020
Versions Introduced in 2023-2024 Legislative Session:
S1789

2021-S9239 (ACTIVE) - Summary

Relates to strategic lawsuits against public participation; makes technical corrections; relates to the applicability of chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation.

2021-S9239 (ACTIVE) - Sponsor Memo

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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