HOUSE BILL 930
Unofficial Copy
2004 Regular Session
D3 4lr0220
HB 113/03 - JUD
CF 4lr2322
By: Delegates Rosenberg, Bobo, Carter, McIntosh, Oaks,
and Zirkin
Introduced and read first time: February 11, 2004
Assigned to: Judiciary
Committee Report: Favorable
House action: Adopted
Read second time: March 16, 2004
CHAPTER_______
AN ACT concerning
Qualified Immunity from Civil Liability - SLAPP Suits
FOR the purpose of granting qualified immunity from civil liability to a defendant in a strategic lawsuit against public participation (SLAPP suit) who, when communicating with a government body or the public at large, without constitutional malice, exercises rights under the First Amendment of the U.S. Constitution or certain articles of the Maryland Declaration of Rights regarding certain matters; describing certain elements of a SLAPP suit; allowing a defendant in a SLAPP suit to move to dismiss the alleged SLAPP suit and requiring the court to hold a hearing on the motion as soon as practicable; allowing a defendant to file a motion to stay all court proceedings until the underlying matter about which the defendant communicated is resolved; making this Act applicable to SLAPP suits notwithstanding any other law or rule; providing that this Act does not diminish any equitable or legal right or remedy otherwise available to a defendant; defining a certain term; providing for the application of this Act; and generally relating to strategic lawsuits against public participation (SLAPP suits) and immunity from civil liability in those lawsuits.
BY adding to Article - Courts and Judicial Proceedings Section 5-807 Annotated Code of Maryland (2002 Replacement Volume and 2003 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:
HOUSE BILL 930
Article - Courts and Judicial Proceedings
5-807.
(A) IN THIS SECTION, "SLAPP SUIT" MEANS A STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION.
(B) A LAWSUIT IS A SLAPP SUIT IF IT IS:
(1) BROUGHT IN BAD FAITH AGAINST A PARTY WHO HAS COMMUNICATED WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE PUBLIC AT LARGE TO REPORT ON, COMMENT ON, RULE ON, CHALLENGE, OPPOSE, OR IN ANY OTHER WAY EXERCISE RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S. CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A GOVERNMENT BODY;
(2) MATERIALLY RELATED TO THE DEFENDANT'S COMMUNICATION; AND
(3) INTENDED TO INHIBIT THE EXERCISE OF RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S. CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS.
(C) A DEFENDANT IN A SLAPP SUIT IS NOT CIVILLY LIABLE FOR COMMUNICATING WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE PUBLIC AT LARGE, IF THE DEFENDANT, WITHOUT CONSTITUTIONAL MALICE, REPORTS ON, COMMENTS ON, RULES ON, CHALLENGES, OPPOSES, OR IN ANY OTHER WAY EXERCISES RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S. CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A GOVERNMENT BODY.
(D) A DEFENDANT IN AN ALLEGED SLAPP SUIT MAY MOVE TO:
(1) DISMISS THE ALLEGED SLAPP SUIT, IN WHICH CASE THE COURT SHALL HOLD A HEARING ON THE MOTION TO DISMISS AS SOON AS PRACTICABLE; OR
(2) STAY ALL COURT PROCEEDINGS UNTIL THE MATTER ABOUT
WHICH
THE DEFENDANT COMMUNICATED TO THE GOVERNMENT
BODY OR THE PUBLIC AT
(E) THIS SECTION:
(1) IS APPLICABLE TO SLAPP SUITS NOTWITHSTANDING ANY OTHER LAW OR RULE; AND
(2) DOES NOT DIMINISH ANY EQUITABLE OR LEGAL RIGHT OR REMEDY OTHERWISE AVAILABLE TO A DEFENDANT IN A SLAPP SUIT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be construed to apply only prospectively and may not be applied or interpreted to have any effect on or application to any cause of action arising before the effective date of this Act.
SECTION AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 2004.
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