9-33-1 Findings.

The legislature finds and declares that full participation by persons and organizations and robust discussion of issues of public concern before the legislative, judicial, and administrative bodies and in other public fora are essential to the democratic process, that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances; that such litigation is disfavored and should be resolved quickly with minimum cost to citizens who have participated in matters of public concern.

P.L. 1993, ch. 354, s 1 and P.L. 1993, ch. 448, s 1 enacted identical versions of this section. Section 2 of P.L. 1993, ch. 354, and Section 2 of P.L. 1993, ch. 448, provide that the act shall take effect upon passage (July 27, 1993) and shall apply to all claims, counterclaims, and cross claims that have not been fully adjudicated on, or subsequent to, the effective date of the act. The acts further provide that a party may file a special motion to dismiss a claim, counterclaim, or cross claim in existence on the effective date of the act within sixty days of the effective date of the act.

9-33-2 Conditional immunity.

(a) A party's exercise of his or her right of petition or of free speech under the United States or Rhode Island Constitutions in connection with a matter of public concern shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any civil claim, counterclaim, or cross-claim directed at petition or free speech as defined in subsection (e) herein, except if said petition or free speech constitutes a sham. Petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result or outcome, regardless of ultimate motive or purpose. Petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both:

(1) objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring such government action, result, or outcome, and

(2) subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects.

(b) The court shall stay all discovery proceedings in the action upon the filing of a motion asserting the immunity established by this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion.

(c) The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure.

(d) If the court grants such motion asserting the immunity established by this section, or if the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island Constitutions in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney's fees, including those incurred for the motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party's claims, counterclaims, or cross claims were frivolous or were brought with an intent to harass said party or otherwise inhibit said party's exercise of its right to petition or free speech under the United States or Rhode Island Constitution. Nothing in this section shall affect or preclude the right of the party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island Constitutions to any remedy otherwise authorized by law.

(e) As used in this section, "a party's exercise of its right of petition or of free speech" shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; or any written or oral statement made in connection with an issue of public concern.

P.L. 1993, ch. 354, s 1 and P.L. 1993, ch. 448, s 1 enacted identical versions of this section; amended, P.L. 1995, ch. 386, s 1 (read and passed notwithstanding the veto of the governor August 4, 1995).

9-33-3 Intervention. Any governmental agency or subdivision to which the party's petition or free speech were directed or the attorney general may intervene to defend or otherwise support the party claiming lawful exercise of its right of petition or of free speech under United States or Rhode Island Constitution.

P.L. 1993, ch. 354, s 1 and P.L. 1993, ch. 448, s 1 enacted identical versions of this section; amended, P.L. 1995, ch. 386, s 1 (read and passed notwithstanding the veto of the governor August 4, 1995).

9-33-4 Construction of act.

Nothing contained herein shall be construed to limit or affect any additional constitutional, statutory or common law protections of defendants in actions involving their exercise of rights of petition or of free speech.

P.L. 1993, ch. 354, s 1 and P.L. 1993, ch. 448, s 1 enacted identical versions of this section.

AN ACT RELATING TO SLAPP SUITS

SECTION 1. Sections 9-33-2 and 9-33-3 of the General Laws in Chapter 9-33 entitled "Limits on Strategic Litigation Against Public Participation" are hereby amended to read as follows:

9-33-2. Procedures. Conditional immunity.

(a) In any case in which a party asserts that the civil claims, counterclaims, or cross-claims against said party are based on said A party's lawful exercise of its his or her right of petition or of free speech under the United States or Rhode Island constitutions Constitutions in connection with a matter of public concern said party may bring a special motion to dismiss. The court shall advance any such special motion so that it may be heard and determined with as little delay as possible. The court shall grant such special motion if the moving party by the preponderance of the evidence shall demonstrate to the satisfaction of the court shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any (a) that the civil claim, counterclaim, or cross-claim subject to the motion is an action involving directed at petition or free speech as defined in subsection (e) herein, and (b) that except if said moving party did not engage in a course of tortious conduct toward the party against whom such special motion is made. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. petition or free speech constitutes a sham. Petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result or outcome, regardless of ultimate motive or purpose. Petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both:

(1) objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring such government action, result, or outcome, and

(2) subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects.

(b) The court shall stay all discovery proceedings in the action upon the filing of a special motion made under asserting the immunity established by this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the special motion.

(c) Said special motion to dismiss may be filed within sixty (60) days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure.

(d) If the court grants such special motion to dismiss, asserting the immunity established by this section, or if the party claiming lawful exercise of its his or her right of petition or of free speech under the United States or Rhode Island Constitution in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney's fees, including those incurred for the special motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party's claims, counterclaims, or cross-claims were frivolous or were brought with an intent to harass said party or otherwise inhibit said party's exercise of its right to petition or free speech under the United States or Rhode Island Constitution. Nothing in this section shall affect or preclude the right of the moving party claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island Constitutions to any remedy otherwise authorized by law.

(e) As used in this section, "a party's exercise of its right of petition or of free speech" shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; or any written or oral statement made in connection with an issue of public concern.

9-33-3. Intervention.-- Any governmental agency or subdivision to which the moving party's acts petition or free speech were directed or the attorney general may intervene to defend or otherwise support the moving party on such special motion. claiming lawful exercise of its right of petition or of free speech under United States or Rhode Island Constitution.

SECTION 2. This act shall take effect upon passage.

Read and Passed Notwithstanding the Veto of the Governor August 4, 1995.

EXPLANATION BY THE LEGISLATIVE COUNCIL OF AN ACT RELATING TO SLAPP SUITS

This act limits a person's exercise of his or her right of petition or free speech with respect to SLAPP suits if such petition or free speech constitutes a sham.

This act would take effect upon passage.