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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
HOUSE BILL 1236 By: McCall of the House
and
McCortney of the Senate
COMMITTEE SUBSTITUTE
An Act relating to the Oklahoma Citizens
Participation Act; amending 12 O.S. 2021, Section
1438, which relates to costs and fees; au thorizing
award of certain expenses; authori zing imposition of
sanctions under certain circumstan ces; establishing
limit on certain sanctions; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 12 O.S. 2021, Section 1438, is
amended to read as follows:
Section 1438. A. If the court order s dismissal of a legal
action under the Oklahoma Citizens Participation Act, the court
shall may award to the moving party:
1. Court costs, reasonable attorney fees and other expenses
incurred in defending against the legal action as justice and equity
may require; and
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2. Sanctions against the party who brought the legal action as
the court determines sufficient to deter the party who brought the
legal action from bringing similar actions described in the Oklahoma
Citizens Participation Act ; provided, however, such sanctions shall
not exceed the total amount awarded under paragraph 1 of this
subsection.
B. If the court finds that a motion to dismiss filed under the
Oklahoma Citizens Participation Act is frivolous or solely intended
to delay, the court may award court costs and reasonable at torney
fees to the responding party.
SECTION 2. This act shall become effective November 1, 2023.
59-1-2091 TEK 4/11/2023 1:32:21 PM