By: Delegates Rosenberg, Harkins, Fry, Jacobs, McIntosh, Perry, Preis, Bonsack, Bobo, Pitkin, and Dembrow

Introduced and read first time: January 10, 1997

Assigned to: Judiciary

Committee Report: Favorable with amendments

House action: Adopted

Read second time: February 11, 1997

VERSION: Third Reading, February 13, 1997 Rosenberg

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, in good faith, exercises rights under the First Amendment of the U.S. Constitution or Article 10, 13, or 40 of the Maryland Declaration of Rights regarding certain matters; describing certain elements of a SLAPP suit; allowing a defendant in a SLAPP Suit to file a counterclaim; allowing a defendant 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 5-399.8 Annotated Code of Maryland (1995 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings 5-399.8.

(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, 13, OR 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, 13, OR 40 OF THE MARYLAND DECLARATION OF RIGHTS.

(D) IN ADDITION TO FILING A COUNTERCLAIM, 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 LARGE IS RESOLVED.

(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 3. AND BE IT FURTHER ENACTED, That this Act shall take effect October 1, 1997.