| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | 2025 -- S 0290 |
|---|
| 6 | 6 | | ======== |
|---|
| 7 | 7 | | LC000595 |
|---|
| 8 | 8 | | ======== |
|---|
| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
|---|
| 10 | 10 | | IN GENERAL ASSEMBLY |
|---|
| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
|---|
| 12 | 12 | | ____________ |
|---|
| 13 | 13 | | |
|---|
| 14 | 14 | | A N A C T |
|---|
| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALLY -- |
|---|
| 16 | 16 | | CAUSES OF ACTION |
|---|
| 17 | 17 | | Introduced By: Senators Ciccone, DiPalma, Bissaillon, Felag, and LaMountain |
|---|
| 18 | 18 | | Date Introduced: February 13, 2025 |
|---|
| 19 | 19 | | Referred To: Senate Judiciary |
|---|
| 20 | 20 | | |
|---|
| 21 | 21 | | |
|---|
| 22 | 22 | | It is enacted by the General Assembly as follows: |
|---|
| 23 | 23 | | SECTION 1. Chapter 9-1 of the General Laws entitled "Causes of Action" is hereby 1 |
|---|
| 24 | 24 | | amended by adding thereto the following section: 2 |
|---|
| 25 | 25 | | 9-1-55. Limitations on actions based on defamation relating to sexual assault, 3 |
|---|
| 26 | 26 | | harassment or discrimination. 4 |
|---|
| 27 | 27 | | (a) An individual making a communication regarding an incident of sexual assault, 5 |
|---|
| 28 | 28 | | harassment, or discrimination, upon proof the communication was made without malice or gross 6 |
|---|
| 29 | 29 | | negligence, shall have an affirmative defense to civil liability in any action for defamation. 7 |
|---|
| 30 | 30 | | (b) For the purposes of this section, "communication" means factual information related to 8 |
|---|
| 31 | 31 | | an incident of sexual assault, harassment, or discrimination experienced by the individual making 9 |
|---|
| 32 | 32 | | the communication, including, but not limited to, any of the following: 10 |
|---|
| 33 | 33 | | (1) An act of sexual assault; 11 |
|---|
| 34 | 34 | | (2) An act of sexual harassment; 12 |
|---|
| 35 | 35 | | (3) An act of workplace harassment or discrimination, failure to prevent an act of 13 |
|---|
| 36 | 36 | | workplace harassment or discrimination, aiding, abetting, inciting, compelling, or coercing an act 14 |
|---|
| 37 | 37 | | of workplace harassment or discrimination, or an act of retaliation against a person for reporting or 15 |
|---|
| 38 | 38 | | opposing workplace harassment or discrimination as defined in § 28-51-1; 16 |
|---|
| 39 | 39 | | (4) An act of harassment or discrimination, or an act of retaliation against a person for 17 |
|---|
| 40 | 40 | | reporting harassment or discrimination, by the owner of a housing accommodation, as described in 18 |
|---|
| 41 | 41 | | |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | LC000595 - Page 2 of 3 |
|---|
| 44 | 44 | | chapter 37 of title 34; 1 |
|---|
| 45 | 45 | | (5) An act of harassment or discrimination, or an act of retaliation against a person for 2 |
|---|
| 46 | 46 | | reporting harassment or discrimination, based on employment or housing or racial discrimination; 3 |
|---|
| 47 | 47 | | (6) An act of cyber sexual bullying, as defined in § 16-21-34; or 4 |
|---|
| 48 | 48 | | (7) An act of sexual harassment in an institution of higher education described in chapters 5 |
|---|
| 49 | 49 | | 76 and 76.1 of title 16. 6 |
|---|
| 50 | 50 | | (c) A prevailing defendant in any defamation action brought against that defendant for 7 |
|---|
| 51 | 51 | | making a communication in which the defendant prevails upon the affirmative defense provided 8 |
|---|
| 52 | 52 | | pursuant to subsection (a) of this section shall be entitled to their reasonable attorneys' fees and 9 |
|---|
| 53 | 53 | | costs for successfully defending the litigation, plus treble damages for any harm caused to the 10 |
|---|
| 54 | 54 | | defendant by the defamation action in addition to any other relief otherwise permitted by law. 11 |
|---|
| 55 | 55 | | (d) This section shall only apply to an individual that has, or at any time had, a reasonable 12 |
|---|
| 56 | 56 | | basis to file a complaint of sexual assault, harassment, or discrimination, whether the complaint is, 13 |
|---|
| 57 | 57 | | or was, filed or not. 14 |
|---|
| 58 | 58 | | SECTION 2. This act shall take effect upon passage. 15 |
|---|
| 59 | 59 | | ======== |
|---|
| 60 | 60 | | LC000595 |
|---|
| 61 | 61 | | ======== |
|---|
| 62 | 62 | | |
|---|
| 63 | 63 | | |
|---|
| 64 | 64 | | LC000595 - Page 3 of 3 |
|---|
| 65 | 65 | | EXPLANATION |
|---|
| 66 | 66 | | BY THE LEGISLATIVE COUNCIL |
|---|
| 67 | 67 | | OF |
|---|
| 68 | 68 | | A N A C T |
|---|
| 69 | 69 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE GENERALL Y -- |
|---|
| 70 | 70 | | CAUSES OF ACTION |
|---|
| 71 | 71 | | *** |
|---|
| 72 | 72 | | This act would grant an affirmative defense for certain privileged communications, 1 |
|---|
| 73 | 73 | | including communications made by an individual, without malice, regarding an incident of sexual 2 |
|---|
| 74 | 74 | | assault, harassment, or discrimination and would specify the attorneys' fees and damages available 3 |
|---|
| 75 | 75 | | to a prevailing defendant in any defamation action brought against that defendant for making that 4 |
|---|
| 76 | 76 | | communication. 5 |
|---|
| 77 | 77 | | This act would take effect upon passage. 6 |
|---|
| 78 | 78 | | ======== |
|---|
| 79 | 79 | | LC000595 |
|---|
| 80 | 80 | | ======== |
|---|
| 81 | 81 | | |
|---|