HOUSE BILL 930

Unofficial Copy 2004 Regular Session

D3 4lr0220

HB 113/03 - JUD CF 4lr2322

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By: Delegates Rosenberg, Bobo, Carter, McIntosh, Oaks, and Zirkin

Introduced and read first time: February 11, 2004

Assigned to: Judiciary

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Committee Report: Favorable

House action: Adopted

Read second time: March 16, 2004

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CHAPTER_______

1 AN ACT concerning

2 Qualified Immunity from Civil Liability - SLAPP Suits

3 FOR the purpose of granting qualified immunity from civil liability to a defendant in

4 a strategic lawsuit against public participation (SLAPP suit) who, when

5 communicating with a government body or the public at large, without

6 constitutional malice, exercises rights under the First Amendment of the U.S.

7 Constitution or certain articles of the Maryland Declaration of Rights regarding

8 certain matters; describing certain elements of a SLAPP suit; allowing a

9 defendant in a SLAPP suit to move to dismiss the alleged SLAPP suit and

10 requiring the court to hold a hearing on the motion as soon as practicable;

11 allowing a defendant to file a motion to stay all court proceedings until the

12 underlying matter about which the defendant communicated is resolved;

13 making this Act applicable to SLAPP suits notwithstanding any other law or

14 rule; providing that this Act does not diminish any equitable or legal right or

15 remedy otherwise available to a defendant; defining a certain term; providing

16 for the application of this Act; and generally relating to strategic lawsuits

17 against public participation (SLAPP suits) and immunity from civil liability in

18 those lawsuits.

19 BY adding to

20 Article - Courts and Judicial Proceedings

21 Section 5-807

22 Annotated Code of Maryland

23 (2002 Replacement Volume and 2003 Supplement)

24 SECTION 1.  BE IT ENACTED BY THE GENERAL ASSEMBLY OF

25 MARYLAND, That the Laws of Maryland read as follows:

2 HOUSE BILL 930

1 Article - Courts and Judicial Proceedings

2 5-807.

3 (A) IN THIS SECTION, "SLAPP SUIT" MEANS A STRATEGIC LAWSUIT AGAINST

4 PUBLIC PARTICIPATION.

5 (B) A LAWSUIT IS A SLAPP SUIT IF IT IS:

6 (1) BROUGHT IN BAD FAITH AGAINST A PARTY WHO HAS

7 COMMUNICATED WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE

8 PUBLIC AT LARGE TO REPORT ON, COMMENT ON, RULE ON, CHALLENGE, OPPOSE, OR

9 IN ANY OTHER WAY EXERCISE RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S.

10 CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND

11 DECLARATION OF RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A

12 GOVERNMENT BODY;

13 (2) MATERIALLY RELATED TO THE DEFENDANT'S COMMUNICATION;

14 AND

15 (3) INTENDED TO INHIBIT THE EXERCISE OF RIGHTS UNDER THE FIRST

16 AMENDMENT OF THE U.S. CONSTITUTION OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40

17 OF THE MARYLAND DECLARATION OF RIGHTS.

18 (C) A DEFENDANT IN A SLAPP SUIT IS NOT CIVILLY LIABLE FOR

19 COMMUNICATING WITH A FEDERAL, STATE, OR LOCAL GOVERNMENT BODY OR THE

20 PUBLIC AT LARGE, IF THE DEFENDANT, WITHOUT CONSTITUTIONAL MALICE,

21 REPORTS ON, COMMENTS ON, RULES ON, CHALLENGES, OPPOSES, OR IN ANY OTHER

22 WAY EXERCISES RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S. CONSTITUTION

23 OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND DECLARATION OF

24 RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A GOVERNMENT

25 BODY.

26 (D) A DEFENDANT IN AN ALLEGED SLAPP SUIT MAY MOVE TO:

27 (1) DISMISS THE ALLEGED SLAPP SUIT, IN WHICH CASE THE COURT

28 SHALL HOLD A HEARING ON THE MOTION TO DISMISS AS SOON AS PRACTICABLE; OR

29 (2) STAY ALL COURT PROCEEDINGS UNTIL THE MATTER ABOUT WHICH

30 THE DEFENDANT COMMUNICATED TO THE GOVERNMENT BODY OR THE PUBLIC AT

31 LARGE IS RESOLVED.

32 (E) THIS SECTION:

33 (1) IS APPLICABLE TO SLAPP SUITS NOTWITHSTANDING ANY OTHER

34 LAW OR RULE; AND

35 (2) DOES NOT DIMINISH ANY EQUITABLE OR LEGAL RIGHT OR REMEDY

36 OTHERWISE AVAILABLE TO A DEFENDANT IN A SLAPP SUIT.

3 HOUSE BILL 930

1 SECTION  2. AND BE IT FURTHER ENACTED, That this Act shall be

2 construed to apply only prospectively and may not be applied or interpreted to have

3 any effect on or application to any cause of action arising before the effective date of

4 this Act.

5 SECTION  3.  AND BE IT FURTHER ENACTED, That this Act shall take

6 effect October 1, 2004.