Signed into law August 28, 2007. Applies to "any motion to dispose of a claim in a judicial proceeding on the grounds that the claim is based on, relates to, or is in response to any act or acts of the moving party in furtherance of the moving party's rights of petition, speech, association, or to otherwise participate in government." Requires courts to decide those motions within 90 days. Provides that discovery is suspended pending a decision on the motion. Allows discovery on certain issues upon leave of court. Provides that acts in furtherance of the constitutional rights to petition, speech, association, and participation in government are immune from liability, regardless of intent or purpose, except when not genuinely aimed at procuring favorable government action, result, or outcome. Requires that the motion be granted and the claim dismissed unless the responding party produces clear and convincing evidence that the moving parties' acts are not immunized under this Act. Provides for attorney's fees and costs to be awarded to the prevailing moving party.
In January 2002 Senators Cullerton and Obama and State Representative Feigenholtz proposed SB 1633 and HB 4315, identical bills that sought to amend the Illinois Code of Civil Procedure to allow a court to grant a special motion to dismiss in favor of a defendant who is the subject of a SLAPP suit. The bills died in House and Senate rules committees.