Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1181 Compare Versions

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1+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1181 Introduced 1/24/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: New Act735 ILCS 110/15 Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately. LRB104 05566 JRC 15596 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1181 Introduced 1/24/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED: New Act735 ILCS 110/15 New Act 735 ILCS 110/15 Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately. LRB104 05566 JRC 15596 b LRB104 05566 JRC 15596 b A BILL FOR
2+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1181 Introduced 1/24/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
3+New Act735 ILCS 110/15 New Act 735 ILCS 110/15
4+New Act
5+735 ILCS 110/15
6+Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.
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312 1 AN ACT concerning civil law.
413 2 Be it enacted by the People of the State of Illinois,
514 3 represented in the General Assembly:
6-4 Section 5. The Citizen Participation Act is amended by
7-5 changing Sections 5 and 15 and by adding Sections 17 and 32 as
8-6 follows:
9-7 (735 ILCS 110/5)
10-8 Sec. 5. Public policy. Pursuant to the fundamental
11-9 philosophy of the American constitutional form of government,
12-10 it is declared to be the public policy of the State of Illinois
13-11 that the constitutional rights of citizens and organizations
14-12 to be involved and participate freely in the process of
15-13 government must be encouraged and safeguarded with great
16-14 diligence. The information, reports, opinions, claims,
17-15 arguments, and other expressions provided by citizens are
18-16 vital to effective law enforcement, the operation of
19-17 government, the making of public policy and decisions, and the
20-18 continuation of representative democracy. The laws, courts,
21-19 and other agencies of this State must provide the utmost
22-20 protection for freedom of the press and the free exercise of
23-21 these rights of petition, speech, association, and government
24-22 participation.
25-23 Civil actions for money damages have been filed against
15+4 Section 1. Short title. This Act may be cited as the
16+5 Uniform Public Expression Protection Act.
17+6 Section 5. Definitions and scope.
18+7 (a) In this Act:
19+8 (1) "Goods or services" does not include the creation,
20+9 dissemination, exhibition, or advertisement or similar
21+10 promotion of a dramatic, literary, musical, political,
22+11 journalistic, or artistic work.
23+12 (2) "Governmental unit" means this State and all of
24+13 its subdivisions, agencies, and instrumentalities, any
25+14 county, township, municipality, municipal corporation,
26+15 school district, school board, educational service region,
27+16 regional board of school trustees, trustees of schools of
28+17 townships, treasurers of schools of townships, community
29+18 college district, community college board, forest preserve
30+19 district, park district, fire protection district,
31+20 sanitary district, museum district, emergency telephone
32+21 system board, and any other local governmental body.
33+22 (3) "Person" means an individual, estate, trust,
34+23 partnership, business or nonprofit entity, governmental
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34-1 citizens and organizations of this State as a result of their
35-2 valid exercise of their constitutional rights to petition,
36-3 speak freely, associate freely, and otherwise participate in
37-4 and communicate with government. The press opining, reporting,
38-5 or investigating matters of public concern is participating
39-6 and communicating with the government. There has been a
40-7 disturbing increase in lawsuits termed "Strategic Lawsuits
41-8 Against Public Participation" in government or "SLAPPs" as
42-9 they are popularly called.
43-10 The threat of SLAPPs significantly chills and diminishes
44-11 citizen participation in government, voluntary public service,
45-12 and the exercise of these important constitutional rights.
46-13 This abuse of the judicial process can and has been used as a
47-14 means of intimidating, harassing, or punishing citizens and
48-15 organizations, including the press, for involving themselves
49-16 in public affairs.
50-17 It is in the public interest and it is the purpose of this
51-18 Act to strike a balance between the rights of persons to file
52-19 lawsuits for injury and the constitutional rights of persons
53-20 to petition, speak freely, associate freely, and otherwise
54-21 participate in government; to protect and encourage public
55-22 participation in government to the maximum extent permitted by
56-23 law; to establish an efficient process for identification and
57-24 adjudication of SLAPPs; and to provide for attorney's fees and
58-25 costs to prevailing movants. As such, this Act should be
59-26 construed broadly in striking the balance of rights described
38+104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1181 Introduced 1/24/2025, by Sen. Steve Stadelman SYNOPSIS AS INTRODUCED:
39+New Act735 ILCS 110/15 New Act 735 ILCS 110/15
40+New Act
41+735 ILCS 110/15
42+Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.
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70-1 in this Act.
71-2 (Source: P.A. 95-506, eff. 8-28-07.)
72-3 (735 ILCS 110/15)
73-4 Sec. 15. Applicability. This Act applies to any motion to
74-5 dispose of a claim in a judicial proceeding on the grounds that
75-6 the claim is based on, relates to, or is in response to any act
76-7 or acts of the moving party in furtherance of the moving
77-8 party's rights of petition, speech, association, or to
78-9 otherwise participate in government. The claim does not need
79-10 to solely pertain to the moving party's constitutional rights
80-11 as this Act applies regardless of the motives of the person who
81-12 brought the claim that the moving party is seeking to dispose
82-13 of.
83-14 Acts in furtherance of the constitutional rights to
84-15 petition, speech, association, and participation in government
85-16 are immune from liability, regardless of intent or purpose,
86-17 except when not genuinely aimed at procuring favorable
87-18 government action, result, or outcome.
88-19 (Source: P.A. 95-506, eff. 8-28-07.)
89-20 (735 ILCS 110/17 new)
90-21 Sec. 17. Stay.
91-22 (a) Except as otherwise provided in subsections (d)
92-23 through (g), on the filing of a motion under Section 15 of this
93-24 Act:
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104-1 (1) all other proceedings between the moving party and
105-2 responding party, including discovery and a pending
106-3 hearing or motion, are stayed; and
107-4 (2) on motion by the moving party, the court may stay a
108-5 hearing or motion involving another party, or discovery by
109-6 another party, if the hearing or ruling on the motion
110-7 would adjudicate, or the discovery would relate to, an
111-8 issue material to the motion to dispose of a claim under
112-9 Section 15.
113-10 (b) A stay under subsection (a) remains in effect until
114-11 entry of an order ruling on the motion to dispose of the claim
115-12 under Section 15 and expiration of the time under Section 20 to
116-13 appeal the order.
117-14 (c) Except as otherwise provided in subsections (e), (f),
118-15 and (g), if a party appeals from an order ruling on the motion
119-16 to dispose of the claim, all proceedings between all parties
120-17 in the action are stayed. The stay remains in effect until the
121-18 conclusion of the appeal.
122-19 (d) During a stay under subsection (a), the court may
123-20 allow limited discovery as provided in Section 20.
124-21 (e) A motion under Section 25 for costs, attorney's fees,
125-22 and expenses is not subject to a stay under this Section.
126-23 (f) A stay under this Section does not affect a party's
127-24 ability voluntarily to dismiss a cause of action in whole or in
128-25 part.
129-26 (g) During a stay under this Section, the court for good
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71+1 unit, or other legal entity.
72+2 (4) "Special motion" means a special motion for
73+3 expedited relief under Section 10.
74+4 (b) Except as otherwise provided in subsection (c), this
75+5 Act applies to a cause of action asserted in a civil action,
76+6 including an action in federal court pursuant to its
77+7 supplemental or diversity jurisdiction, against a person based
78+8 on the person's:
79+9 (1) communication in a legislative, executive,
80+10 judicial, administrative, or other governmental
81+11 proceeding;
82+12 (2) communication on an issue under consideration or
83+13 review in a legislative, executive, judicial,
84+14 administrative, or other governmental proceeding; or
85+15 (3) exercise of the right of freedom of speech or of
86+16 the press, the right to assemble or petition, or the right
87+17 of association, guaranteed by the United States
88+18 Constitution or the Illinois Constitution, on a matter of
89+19 public concern.
90+20 This Act applies to a cause of action described in this
91+21 subsection regardless of the motives of the person asserting
92+22 the cause of action.
93+23 (c) This Act does not apply to a cause of action asserted:
94+24 (1) against a governmental unit or an employee or
95+25 agent of a governmental unit acting or purporting to act
96+26 in an official capacity;
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140-1 cause may hear and rule on:
141-2 (1) a motion unrelated to the motion to dispose of the
142-3 claim under Section 15; and
143-4 (2) a motion seeking a special or preliminary
144-5 injunction to protect against an imminent threat to public
145-6 health or safety.
146-7 (735 ILCS 110/32 new)
147-8 Sec. 32. Applicability. The changes made to this Act by
148-9 this amendatory Act of the 104th General Assembly apply only
149-10 to actions commenced on or after January 1, 2026.
150-11 Section 99. Effective date. This Act takes effect upon
151-12 becoming law.
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107+1 (2) by a governmental unit or an employee or agent of a
108+2 governmental unit acting in an official capacity to
109+3 enforce a law to protect against an imminent threat to
110+4 public health or safety; or
111+5 (3) against a person primarily engaged in the business
112+6 of selling or leasing goods or services if the cause of
113+7 action arises out of a communication related to the
114+8 person's sale or lease of the goods or services.
115+9 Section 10. Special motion for expedited relief.
116+10 (a) Not later than 60 days after a party is served with a
117+11 complaint, petition, crossclaim, counterclaim, third-party
118+12 claim, or other pleading that asserts a cause of action to
119+13 which this Act applies, or at a later time on a showing of good
120+14 cause, the party may file a special motion for expedited
121+15 relief to dismiss or strike the cause of action in whole or in
122+16 part.
123+17 (b) A special motion under this Section may be filed
124+18 pursuant to any rule or procedure to dispose of a cause of
125+19 action in whole or in part, including, but not limited to,
126+20 Section 2-615 (motions with respect to pleadings), Section
127+21 2-619 (involuntary dismissal based on certain defects or
128+22 defenses), Section 2-1005 (summary judgment), Section 2-1110
129+23 (directed verdict), Section 1202 (post-trial motion), or
130+24 Section 2-1203 (motion after judgment) of the Code of Civil
131+25 Procedure. A special motion may be filed as part of a combined
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142+1 motion pursuant to Section 2-619.1 of the Code of the Civil
143+2 Procedure.
144+3 (c) Notwithstanding any other provision of law, a special
145+4 motion under this Section does not waive the moving party's
146+5 right to file any other pleading or motion or to raise any
147+6 other defenses in response to the cause of action.
148+7 Section 15. Stay.
149+8 (a) Except as otherwise provided in subsections (d)
150+9 through (g), on the filing of a special motion under this Act:
151+10 (1) all other proceedings between the moving party and
152+11 responding party, including discovery and a pending
153+12 hearing or motion, are stayed; and
154+13 (2) on motion by the moving party, the court may stay a
155+14 hearing or motion involving another party, or discovery by
156+15 another party, if the hearing or ruling on the motion
157+16 would adjudicate, or the discovery would relate to, an
158+17 issue material to the special motion.
159+18 (b) A stay under subsection (a) remains in effect until
160+19 entry of an order ruling on the special motion and expiration
161+20 of the time under Section 40 for the moving party to appeal the
162+21 order.
163+22 (c) Except as otherwise provided in subsections (e), (f),
164+23 and (g), if a party appeals from an order ruling on a special
165+24 motion, all proceedings between all parties in the action are
166+25 stayed. The stay remains in effect until the conclusion of the
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177+1 appeal.
178+2 (d) During a stay under subsection (a), the court may
179+3 allow limited discovery if a party shows that specific
180+4 information is necessary to establish whether a party has
181+5 satisfied or failed to satisfy a burden under subsection (a)
182+6 of Section 30 and the information is not reasonably available
183+7 unless discovery is allowed.
184+8 (e) A motion under Section 45 for costs, attorney's fees,
185+9 and expenses is not subject to a stay under this Section.
186+10 (f) A stay under this Section does not affect a party's
187+11 ability voluntarily to dismiss a cause of action in whole or in
188+12 part.
189+13 (g) During a stay under this Section, the court for good
190+14 cause may hear and rule on:
191+15 (1) a motion unrelated to the special motion; and
192+16 (2) a motion seeking a special or preliminary
193+17 injunction to protect against an imminent threat to public
194+18 health or safety.
195+19 Section 20. Hearing.
196+20 (a) The court shall hear a special motion under this Act
197+21 not later than 60 days after filing of the motion, unless the
198+22 court orders a later hearing:
199+23 (1) to allow discovery under subsection (d) of Section
200+24 15; or
201+25 (2) for other good cause.
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212+1 (b) If the court orders a later hearing under paragraph
213+2 (1) of subsection (a), the court shall hear the special motion
214+3 not later than 60 days after the court order allowing the
215+4 discovery, unless the court orders a later hearing under
216+5 paragraph (2) of subsection (a).
217+6 Section 25. Proof. In ruling on a special motion, the
218+7 court shall consider the pleadings, the motion, any reply or
219+8 response to the motion, and any evidence that could be
220+9 considered in ruling on a motion for summary judgment under
221+10 Section 2-1005 of the Code of Civil Procedure.
222+11 Section 30. Dismissing or striking a cause of action in
223+12 whole or part.
224+13 (a) In ruling on a special motion, the court shall dismiss
225+14 or strike a cause of action with prejudice in whole or in part
226+15 if:
227+16 (1) the moving party establishes under subsection (b)
228+17 of Section 5 that this Act applies;
229+18 (2) the responding party fails to establish under
230+19 subsection (c) of Section 5 that this Act does not apply;
231+20 and
232+21 (3) either:
233+22 (A) the responding party fails to establish a
234+23 prima facie case as to each essential element of the
235+24 cause of action; or
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246+1 (B) the moving party establishes that:
247+2 (i) the responding party failed to state a
248+3 cause of action upon which relief can be granted;
249+4 or
250+5 (ii) there is no genuine issue as to any
251+6 material fact and the moving party is entitled to
252+7 judgment as a matter of law on the cause of action
253+8 in whole or in part.
254+9 (b) A voluntary dismissal without prejudice of a
255+10 responding party's cause of action, in whole or in part, that
256+11 is the subject of a special motion does not affect a moving
257+12 party's right to obtain a ruling on the motion and seek costs,
258+13 attorney's fees, and expenses under Section 45.
259+14 (c) A voluntary dismissal with prejudice of a responding
260+15 party's cause of action, in whole or in part, that is the
261+16 subject of a special motion establishes for the purpose of
262+17 Section 45 that the moving party prevailed on the special
263+18 motion.
264+19 Section 35. Ruling. The court shall rule on a motion under
265+20 Section 10 not later than 60 days after a hearing under Section
266+21 20.
267+22 Section 40. Appeal. A moving party may appeal as a matter
268+23 of right from an order denying, in whole or in part, a motion
269+24 under Section 10. The appeal must be filed not later than 30
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280+1 days after entry of the order.
281+2 Section 45. Costs, attorney's fees, and expenses. The
282+3 court shall award court costs, reasonable attorney's fees, and
283+4 reasonable litigation expenses related to a special motion:
284+5 (1) to the moving party if the moving party prevails
285+6 on the motion; or
286+7 (2) to the responding party if the responding party
287+8 prevails on the motion and the court finds that the motion
288+9 was frivolous or filed solely with intent to delay the
289+10 proceeding.
290+11 Section 50. Construction. This Act must be broadly
291+12 construed and applied to protect the exercise of the right of
292+13 freedom of speech and of the press, the right to assemble and
293+14 petition, and the right of association, guaranteed by the
294+15 United States Constitution or the Illinois Constitution.
295+16 Section 55. Uniformity of application and construction. In
296+17 applying and construing this uniform Act, consideration must
297+18 be given to the need to promote uniformity of the law with
298+19 respect to its subject matter among states that enact it.
299+20 Section 60. Transitional provision. This Act applies to a
300+21 civil action filed or cause of action asserted in a civil
301+22 action on or after the effective date of this Act.
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312+1 Section 65. Savings clause. This Act does not affect a
313+2 cause of action asserted before the effective date of this Act
314+3 in a civil action or a motion under the Citizen Participation
315+4 Act regarding such a cause of action.
316+5 Section 70. Severability. If any provision of this Act or
317+6 its application to any person or circumstance is held invalid,
318+7 the invalidity does not affect other provisions or
319+8 applications of this Act which can be given effect without the
320+9 invalid provision or application, and to this end the
321+10 provisions of this Act are severable.
322+11 Section 75. Relation to the Citizen Participation Act.
323+12 Beginning on the effective date of this Act, the Citizen
324+13 Participation Act applies only to a civil action described in
325+14 Section 65.
326+15 Section 900. The Citizen Participation Act is amended by
327+16 changing Section 15 as follows:
328+17 (735 ILCS 110/15)
329+18 Sec. 15. Applicability. This Act applies to any motion to
330+19 dispose of a claim in a judicial proceeding on the grounds that
331+20 the claim is based on, relates to, or is in response to any act
332+21 or acts of the moving party in furtherance of the moving
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343+1 party's rights of petition, speech, association, or to
344+2 otherwise participate in government filed before the effective
345+3 date of the Uniform Public Expression Protection Act.
346+4 Acts in furtherance of the constitutional rights to
347+5 petition, speech, association, and participation in government
348+6 are immune from liability, regardless of intent or purpose,
349+7 except when not genuinely aimed at procuring favorable
350+8 government action, result, or outcome.
351+9 (Source: P.A. 95-506, eff. 8-28-07.)
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