HOUSE SPONSORSHIP
Sinclair, and Dean

SENATE SPONSORSHIP
Dyer (Durango)

Shading denotes House amendment. Double underlining denotes Senate amendment. CAPITAL LETTERS indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute. [Editor's note: shading, underlining, and strike-through is not replicated in this republication on the California Anti-SLAPP Project website.]

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Establishes an immunity protection for public participation by citizens in government that protects a person who seeks relief or who petitions the government to influence action, communicate, or otherwise participate in the processes of government from strategic lawsuits against public participation, otherwise referred to as SLAPPs. Allows a person who is the subject of a SLAPP action to file a motion to dismiss or otherwise dispose of the case brought against the person. Suspends discovery, shifts the burden of proof to the SLAPP filer, and authorizes the involved government body or the attorney general to participate. Directs the court to dismiss the SLAPP action unless the court finds clear and convincing evidence that the acts of the moving party are not immunized.

Authorizes a person damaged or injured by reason of a SLAPP claim to seek relief for actual or compensatory damages, punitive damages, attorney fees, and costs from the person responsible. Defines "person" for purposes of the act as an individual, corporation, association, organization, partnership, two or more persons having a joint or common interest, or other legal entity.

Allows a person against whom a SLAPP action was filed in federal court to bring an action in state district court seeking damages and attorney fees and costs.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Article 21 of title 13, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW PART to read:

13-21-1001. Short title. THIS PART 10 MAY BE KNOWN AND SHALL BE CITED AS THE "CITIZEN PARTICIPATION IN GOVERNMENT ACT OF 2001".

13-21-1002. Legislative findings and declaration of purposes. (1) Findings. THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(a) THE FRAMERS OF THE UNITED STATES CONSTITUTION AND THE STATE CONSTITUTION, RECOGNIZING CITIZEN PARTICIPATION IN GOVERNMENT AS AN INALIENABLE RIGHT ESSENTIAL TO THE SURVIVAL OF DEMOCRACY, SECURED ITS PROTECTION THROUGH THE RIGHT TO PETITION THE GOVERNMENT FOR REDRESS OF GRIEVANCES IN THE FIRST AMENDMENT TO THE U.S. CONSTITUTION AND SECTION 24 OF ARTICLE II OF THE CONSTITUTION OF THIS STATE;

(b) THE COMMUNICATIONS, INFORMATION, OPINIONS, REPORTS, TESTIMONY, CLAIMS, AND ARGUMENTS PROVIDED BY CITIZENS TO THEIR GOVERNMENT ARE ESSENTIAL TO WISE GOVERNMENT DECISIONS AND PUBLIC POLICY; THE PUBLIC HEALTH, SAFETY, AND WELFARE; EFFECTIVE LAW ENFORCEMENT; THE EFFICIENT OPERATION OF GOVERNMENT PROGRAMS; THE CREDIBILITY AND TRUST AFFORDED GOVERNMENT; AND THE CONTINUATION OF AMERICA’S REPUBLICAN FORM OF GOVERNMENT THROUGH REPRESENTATIVE DEMOCRACY;

(c) CIVIL LAWSUITS AND COUNTERCLAIMS HAVE BEEN AND ARE BEING FILED AGAINST CITIZENS, BUSINESSES, AND ORGANIZATIONS BASED ON THE VALID EXERCISE OF THEIR RIGHT TO PETITION, INCLUDING SEEKING RELIEF, INFLUENCING ACTION, INFORMING, COMMUNICATING, AND OTHERWISE ENGAGING IN PUBLIC PARTICIPATION WITH GOVERNMENT BODIES, OFFICIALS, OR EMPLOYEES;

(d) SUCH LAWSUITS, CALLED "STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION" OR "SLAPPS", ARE TYPICALLY DISMISSED, BUT OFTEN NOT BEFORE THE DEFENDANTS ARE SUBJECT TO GREAT EXPENSE, HARASSMENT, AND INTERRUPTION OF THEIR PRODUCTIVE ACTIVITIES.

(2) Purposes. THE PURPOSES OF THIS PART 10 ARE:

(a) TO PROTECT AND ENCOURAGE CITIZEN PARTICIPATION IN GOVERNMENT TO THE MAXIMUM EXTENT PERMITTED BY LAW;

(b) TO CREATE A MORE EQUITABLE BALANCE BETWEEN THE RIGHTS OF PERSONS TO FILE LAWSUITS AND TO TRIAL BY JURY AND THE RIGHTS OF PERSONS TO PETITION, SPEAK OUT, ASSOCIATE, AND OTHERWISE PARTICIPATE IN THEIR GOVERNMENT;

(c) TO SUPPORT THE OPERATIONS OF AND ASSURE THE CONTINUATION OF REPRESENTATIVE GOVERNMENT IN AMERICA, INCLUDING THE PROTECTION AND REGULATION OF PUBLIC HEALTH, SAFETY, AND WELFARE BY PROTECTING PUBLIC PARTICIPATION IN GOVERNMENT PROGRAMS, PUBLIC POLICY DECISIONS, AND OTHER ACTIONS;

(d) TO PROVIDE FOR ATTORNEY FEES, COSTS, AND DAMAGES FOR PERSONS WHOSE CITIZEN PARTICIPATION RIGHTS HAVE BEEN VIOLATED BY THE FILING OF A SLAPP.

13-21-1003. Definitions. AS USED IN THIS PART 10, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "GOVERNMENT" MEANS A BRANCH, DEPARTMENT, AGENCY, OFFICIAL, EMPLOYEE, AGENT, OR OTHER PERSON WITH AUTHORITY TO ACT ON BEHALF OF THE FEDERAL GOVERNMENT, THIS STATE, OR ANY POLITICAL SUBDIVISION OF THIS STATE OR OTHER PUBLIC AUTHORITY.

(2) "JUDICIAL CLAIM" OR "CLAIM" MEANS ANY CIVIL LAWSUIT, CAUSE OF ACTION, CLAIM, CROSS-CLAIM, COUNTERCLAIM, OR OTHER JUDICIAL PLEADING OR FILING SEEKING DAMAGES OR REQUESTING RELIEF.

(3) "MOTION" MEANS ANY MOTION TO DISMISS, MOTION FOR SUMMARY JUDGMENT, OR ANY OTHER JUDICIAL PLEADING FILED TO DISPOSE OF A JUDICIAL CLAIM.

(4) "MOVING PARTY" MEANS ANY PERSON ON WHOSE BEHALF THE MOTION DESCRIBED IN SECTION 13-21-1004 IS FILED SEEKING DISMISSAL OF THE JUDICIAL CLAIM.

(5) "PERSON" MEANS ANY INDIVIDUAL, CORPORATION, ASSOCIATION, ORGANIZATION, PARTNERSHIP, TWO OR MORE PERSONS HAVING A JOINT OR COMMON INTEREST, OR OTHER LEGAL ENTITY.

(6) "PUBLIC PARTICIPATION" MEANS SPEECH, INCLUDING BUT NOT LIMITED TO ORAL, WRITTEN, AND ELECTRONIC COMMUNICATION, OR LAWFUL CONDUCT THAT IS GENUINELY AIMED IN WHOLE OR IN PART AT PROCURING FAVORABLE GOVERNMENT ACTION.

(7) "RESPONDING PARTY" MEANS ANY PERSON AGAINST WHOM THE MOTION DESCRIBED IN SECTION 13-21-1004 IS FILED. (8) "SLAPPS" OR "SLAPP" MEANS STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION.

13-21-1004. Protection of citizens to participate in government - applicability - procedures. (1) THIS SECTION APPLIES TO ANY MOTION IN A JUDICIAL PROCEEDING TO DISMISS OR OTHERWISE DISPOSE OF A JUDICIAL CLAIM ON THE GROUNDS THAT THE CLAIM MATERIALLY RELATES TO AN ACT OF THE MOVING PARTY THAT INVOLVES PUBLIC PARTICIPATION.

(2) ON THE FILING OF ANY MOTION AS DESCRIBED IN SUBSECTION (1) OF THIS SECTION:

(a) DISCOVERY SHALL BE SUSPENDED, PENDING THE FINAL DISPOSITION OF THE MOTION, INCLUDING ANY APPEAL; EXCEPT THAT THE COURT MAY, ON MOTION AND AFTER A HEARING AND FOR GOOD CAUSE SHOWN, ORDER THAT SPECIFIED AND LIMITED DISCOVERY BE CONDUCTED;

(b) THE RESPONDING PARTY SHALL HAVE THE BURDEN OF PROOF, OF GOING FORWARD WITH THE EVIDENCE, AND OF PERSUASION ON THE MOTION;

(c) THE COURT SHALL GRANT THE MOTION AND DISMISS THE JUDICIAL CLAIM UNLESS THE COURT FINDS THAT THE RESPONDING PARTY HAS PRODUCED CLEAR AND CONVINCING EVIDENCE THAT THE ACTS OF THE MOVING PARTY ARE NOT IMMUNIZED FROM LIABILITY UNDER SECTION 13-21-1005; AND

(d) ANY GOVERNMENTAL BODY TO WHICH THE MOVING PARTY’S ACTS WERE DIRECTED OR THE ATTORNEY GENERAL MAY INTERVENE IN, DEFEND, OR OTHERWISE SUPPORT THE MOVING PARTY IN THE SLAPP.

13-21-1005. Immunity. PUBLIC PARTICIPATION THROUGH LAWFUL CONDUCT OR SPEECH IS IMMUNE FROM LIABILITY, REGARDLESS OF INTENT OR PURPOSE, EXCEPT WHERE NOT AIMED AT PROCURING ANY FAVORABLE GOVERNMENTAL ACTION, RESULT, OR OUTCOME.

13-21-1006. Attorney fees and damages. (1) THE COURT SHALL AWARD A MOVING PARTY WHO PREVAILS IN A MOTION TO DISMISS FILED PURSUANT TO SECTION 13-21-1004 REASONABLE ATTORNEY FEES AND COSTS ASSOCIATED WITH THE BRINGING OF THE MOTION.

(2) A MOVING PARTY MAY PETITION THE COURT FOR DAMAGES UNDER THIS SECTION IN CONJUNCTION WITH A MOTION FILED PURSUANT TO SECTION 13-21-1004.

(3) IF A MOTION FILED PURSUANT TO SECTION 13-21-1004 IS GRANTED AND THE MOVING PARTY DEMONSTRATES THAT THE RESPONDENT BROUGHT THE CAUSE OF ACTION IN THE UNDERLYING JUDICIAL CLAIM FOR THE PURPOSE OF HARASSMENT, TO INHIBIT THE MOVING PARTY’S PUBLIC PARTICIPATION, TO INTERFERE WITH THE MOVING PARTY’S EXERCISE OF PROTECTED CONSTITUTIONAL RIGHTS, OR OTHERWISE TO INJURE WRONGFULLY THE MOVING PARTY, THE COURT SHALL AWARD THE MOVING PARTY ACTUAL DAMAGES. WHERE APPROPRIATE, THE COURT MAY AWARD THE MOVING PARTY PUNITIVE DAMAGES, SUBJECT TO THE LIMITATIONS IN AND PROVISIONS OF SECTION 13-21-102.

13-21-1007. Action in district court for a claim brought in federal court. A PERSON MAY BRING AN ACTION UNDER THIS PART 10 IN ANY DISTRICT COURT IN THIS STATE AGAINST A RESPONDENT WHO HAS BROUGHT A SLAPP IN FEDERAL COURT THAT MATERIALLY RELATES TO PUBLIC PARTICIPATION BY THE PERSON. IF THE MOVING PARTY DEMONSTRATES THAT THE RESPONDENT’S ACTION IN FEDERAL COURT WAS BROUGHT FOR THE PURPOSE OF HARASSMENT, TO INHIBIT THE PERSON’S PUBLIC PARTICIPATION, TO INTERFERE WITH THE PERSON’S EXERCISE OF PROTECTED CONSTITUTIONAL RIGHTS, OR OTHERWISE WRONGFULLY TO INJURE THE PERSON, THE COURT SHALL AWARD THE PERSON ACTUAL DAMAGES AND REASONABLE ATTORNEY FEES AND COSTS. THE COURT MAY AWARD THE PERSON PUNITIVE DAMAGES, SUBJECT TO THE LIMITATIONS IN AND PROVISIONS OF SECTION 13-21-102.

13-21-1008. Relationships to other law. NOTHING IN THIS PART 10 LIMITS OR PRECLUDES ANY RIGHTS THE MOVING PARTY OR THE RESPONDING PARTY MAY HAVE UNDER ANY OTHER CONSTITUTIONAL LAW, STATUTORY PROVISION, CASE LAW, COMMON LAW, OR UNDER THE "COLORADO RULES OF CIVIL PROCEDURE".

SECTION 2. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2) The provisions of this act shall apply to any causes of action filed on or after the applicable effective date of this act.