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HOUSE BILL 169
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Andrea Romero and Eleanor Chávez and Harold Pope
AN ACT
RELATING TO COURTS; ENACTING THE PUBLIC EXPRESSION PROTECTION
ACT; ENACTING AND REPEALING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] SHORT TITLE.--This act may be
cited as the "Public Expression Protection Act".
SECTION 2. [NEW MATERIAL] SCOPE.--
A. Except as otherwise provided in Subsection B of
this section, the Public Expression Protection Act applies to a
cause of action asserted in a civil action against a person
based on the person's:
(1) communication in a legislative, executive,
judicial, administrative or other governmental proceeding;
(2) communication on an issue under
consideration or review in a legislative, executive, judicial,
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administrative or other governmental proceeding; or
(3) exercise of the right of freedom of speech
or of the press, the right to assemble or petition or the right
of association, guaranteed by the United States constitution or
the constitution of New Mexico, on a matter of public concern.
B. The Public Expression Protection Act does not
apply to a cause of action asserted:
(1) against a governmental unit or an employee
or agent of a governmental unit acting or purporting to act in
an official capacity;
(2) 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
(3) 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.
C. The Public Expression Protection Act is intended
to confer substantive immunity from suit, and not merely
immunity from liability, for any cause of action concerning
protected speech or communication pursuant to that act.
D. As used in this section:
(1) "goods or services" does not include the
creation, dissemination, exhibition or advertisement or similar
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promotion of a dramatic, literary, musical, political,
journalistic or artistic work; and
(2) "governmental unit" means a public
corporation or government or governmental subdivision, agency
or instrumentality.
SECTION 3. [NEW MATERIAL] SPECIAL MOTION FOR EXPEDITED
RELIEF.--Not later than sixty days after a party is served with
a complaint, petition, cross claim, counterclaim, third-party
claim or other pleading that asserts a cause of action to which
the Public Expression Protection Act applies, or at a later
time on a showing of good cause, the party may file a special
motion for expedited relief to dismiss the cause of action or
part of the cause of action.
SECTION 4. [NEW MATERIAL] STAY.--
A. Except as otherwise provided in Subsections D
through G of this section, upon the filing of a motion pursuant
to Section 3 of the Public Expression Protection Act:
(1) all other proceedings between the moving
party and responding party, including discovery and a pending
hearing or motion, are stayed; and
(2) on motion by the moving party, the court
may stay a hearing or motion involving another party, or
discovery by another party, if the hearing or ruling on the
motion would adjudicate, or the discovery would relate to, an
issue material to the motion pursuant to Section 3 of the
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Public Expression Protection Act.
B. A stay pursuant to Subsection A of this section
remains in effect until entry of an order ruling on the motion
pursuant to that section and expiration of the time pursuant to
Section 9 of the Public Expression Protection Act for the
moving party to appeal the order.
C. Except as otherwise provided in Subsections E, F
and G of this section, if a party appeals from an order ruling
on a motion pursuant to Section 3 of the Public Expression
Protection Act, all proceedings between all parties in the
action are stayed. The stay remains in effect until the
conclusion of the appeal.
D. During a stay pursuant to Subsection A of this
section, the court may allow limited discovery if a party shows
that specific information is necessary to establish whether a
party has satisfied or failed to satisfy a burden pursuant to
Subsection A of Section 7 of the Public Expression Protection
Act and the information is not reasonably available unless
discovery is allowed.
E. A motion pursuant to Section 10 of the Public
Expression Protection Act for costs, attorney fees and expenses
is not subject to a stay pursuant to this section.
F. A stay pursuant to this section does not affect
a party's ability to voluntarily dismiss a cause of action or
part of a cause of action or move to sever a cause of action.
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G. During a stay pursuant to this section, the
court for good cause may hear and rule on:
(1) a motion unrelated to the motion pursuant
to Section 3 of the Public Expression Protection Act; and
(2) a motion seeking a special or preliminary
injunction to protect against an imminent threat to public
health or safety.
SECTION 5. [NEW MATERIAL] HEARING.--
A. The court shall hear a motion pursuant to
Section 3 of the Public Expression Protection Act not later
than sixty days after filing of the motion, unless the court
orders a later hearing:
(1) to allow discovery pursuant to Subsection
D of Section 4 of the Public Expression Protection Act; or
(2) for other good cause.
B. If the court orders a later hearing pursuant to
Paragraph (1) of Subsection A of this section, the court shall
hear the motion pursuant to Section 3 of the Public Expression
Protection Act not later than sixty days after the court order
allowing the discovery, unless the court orders a later hearing
pursuant to Paragraph (2) of Subsection A of this section.
SECTION 6. [NEW MATERIAL] PROOF.--In ruling on a motion
pursuant to Section 3 of the Public Expression Protection Act,
the court shall consider the pleadings, the motion, any reply
or response to the motion and any evidence that could be
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considered in ruling on a motion to dismiss, motion for
judgment on the pleadings or motion for summary judgment.
SECTION 7. [NEW MATERIAL] DISMISSAL OF CAUSE OF ACTION IN
WHOLE OR IN PART.--
A. In ruling on a motion pursuant to Section 3 of
the Public Expression Protection Act, the court shall dismiss
with prejudice a cause of action or part of a cause of action
if:
(1) the moving party establishes pursuant to
Subsection A of Section 2 of that act that the Public
Expression Protection Act applies;
(2) the responding party fails to establish
pursuant to Subsection B of Section 2 of that act that the
Public Expression Protection Act does not apply; and
(3) either:
(a) the responding party fails to
establish a prima facie case as to each essential element of
the cause of action; or
(b) the moving party establishes that:
1) the responding party failed to state a cause of action upon
which relief can be granted; or 2) there is no genuine issue as
to any material fact and the moving party is entitled to
judgment as a matter of law on the cause of action or part of
the cause of action.
B. A voluntary dismissal without prejudice of a
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responding party's cause of action or part of a cause of action
that is the subject of a motion pursuant to Section 3 of the
Public Expression Protection Act does not affect a moving
party's right to obtain a ruling on the motion and seek costs,
attorney fees and expenses pursuant to Section 10 of that act.
C. A voluntary dismissal with prejudice of a
responding party's cause of action or part of a cause of action
that is the subject of a motion pursuant to Section 3 of the
Public Expression Protection Act establishes for the purpose of
Section 10 of that act that the moving party prevailed on the
motion.
SECTION 8. [NEW MATERIAL] RULING.--The court shall rule
on a motion pursuant to Section 3 of the Public Expression
Protection Act not later than sixty days after a hearing
pursuant to Section 5 of that act.
SECTION 9. [NEW MATERIAL] APPEAL.--A moving party may
appeal as a matter of right from an order denying, in whole or
in part, a motion pursuant to Section 3 of the Public
Expression Protection Act. The appeal must be filed not later
than thirty days after entry of the order.
SECTION 10. [NEW MATERIAL] COSTS, ATTORNEY FEES AND
EXPENSES.--On a motion pursuant to Section 3 of the Public
Expression Protection Act, the court shall award court costs,
reasonable attorney fees and reasonable litigation expenses
related to the motion:
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A. to the moving party if the moving party prevails
on the motion; or
B. to the responding party if the responding party
prevails on the motion and the court finds that the motion was
frivolous or filed solely with intent to delay the proceeding.
SECTION 11. [NEW MATERIAL] CONSTRUCTION.--The Public
Expression Protection Act shall be broadly construed and
applied to protect the exercise of the right of freedom of
speech and of the press, the right to assemble and petition and
the right of association, guaranteed by the United States
constitution and the constitution of New Mexico.
SECTION 12. [NEW MATERIAL] UNIFORMITY OF APPLICATION AND
CONSTRUCTION.--In applying and construing the Public Expression
Protection Act, consideration shall be given to the need to
promote uniformity of the law with respect to its subject
matter among states that enact it.
SECTION 13. [NEW MATERIAL] APPLICABILITY.--The Public
Expression Protection Act applies to a civil action filed or
cause of action asserted in a civil action on or after the
effective date of that act.
SECTION 14. [NEW MATERIAL] SAVING CLAUSE.--The Public
Expression Protection Act does not affect a cause of action
asserted before the effective date of that act in a civil
action or a motion pursuant to Section 38-2-9.1 NMSA 1978.
SECTION 15. REPEAL.--Sections 38-2-9.1 and 38-2-9.2 NMSA
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1978 (being Laws 2001, Chapter 218, Sections 2 and 1) are
repealed.
SECTION 16. EFFECTIVE DATE.--The effective date of the
provisions of this act is July 1, 2025.
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