Assembly Bill A7288

2023-2024 Legislative Session

Relates to strategic lawsuits against public participation and makes technical corrections

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A7288 (ACTIVE) - Details

See Senate Version of this Bill:
S1789
Current Committee:
Assembly Judiciary
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 2021-2022 Legislative Session:
S9239

2023-A7288 (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.

2023-A7288 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7288
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05016-01-3
 A. 7288                             2
              

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