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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: JUD DPA 6-3-0-0 |
HB 2633: special actions; public participation; postconviction
Sponsor: Representative Kolodin, LD 3
House Engrossed
Overview
History
Laws 2006, Chapter 234 established anti-SLAPP protections, and included a legislative finding statement concluding that civil actions have been filed against citizens and organizations in Arizona when defendants were legally exercising their valid constitutional rights of petition, speech and association. Arizona's anti-SLAPP statute allows a party in a case to file a motion to dismiss a legal action on the basis that the action is brought to suppress the party's constitutional rights of petition, speech or association. If the moving party can establish prima facie proof that the nonmoving party's action is substantially motivated by a desire to prevent the lawful exercise of said constitutional rights, then the court is to grant the motion to dismiss (A.R.S. § 12-752).
The anti-SLAPP statute does not:
1) Affect the moving party's right to a remedy authorized by law;
2) Apply to an enforcement action brought in the name of the state;
3) Create immunities or affect privileges authorized by law; or
4) Limit a public agency from enforcing its rules of procedure (A.R.S. § 12-752).
Provisions
General Anti-SLAPP Protections
1. Expands anti-SLAPP suit protections to cover the:
a) Right to religious liberty;
b) Freedom to hold or express political or religious views; and
c) Freedom to engage in political advocacy without fear of retaliation. (Sec. 1)
2. Narrows the defenses that a state actor may use when presented with an anti-SLAPP motion to dismiss, by removing the ability of the state actor to use the fact that it has a historically consistent practice of similar legal actions as a stand-alone defense. (Sec. 1)
3. Requires costs and fees to be awarded against a state actor, if the state actor is the unsuccessful nonmoving party. (Sec. 1)
4. Provides that, if the court finds that an anti-SLAPP motion is frivolous, the court is not required to award costs and fees to the prevailing nonmoving party if the nonmoving party is a state actor. (Sec. 1)
5. Asserts that the purpose of the anti-SLAPP statute is to prevent the government from being used as a tool to chill the expression of unpopular ideas, and so requires the law to be liberally construed to this end. (Sec. 1)
SLAPP Liability for State Actors
6. Asserts that a state actor is liable for intentionally bringing or maintaining a noncriminal or traffic legal action motivated to deter protected speech or beliefs. (Sec. 1)
7. Stipulates that a suit brought against a state actor for engaging in a SLAPP action must be commenced within four years after the underlying legal action concludes and entitles parties to a jury trial. (Sec. 1)
8. Stipulates that the following are not a defense for the state actor:
a) The outcome of the original prosecution; or
b) The lack of an anti-SLAPP motion to dismiss being filed in the underlying case. (Sec. 1)
9. Entitles the prevailing party to: a) declaratory relief; b) nominal damages; c) compensatory damages; d) attorney fees and costs; and e) vacatur and the sealing of any adverse judgments and dispositions in the underlying action. (Sec. 1)
10. Allows, if an individual is found liable, that individual to be indemnified by the state or a political subdivision of the state. (Sec. 1)
11. Provides that peace officers are immune from liability under the anti-SLAPP statute. (Sec. 1)
Postconviction Relief for Criminal Political Prosecutions
12. Asserts that a defendant convicted of a criminal offence in a SLAPP prosecution may file a petition for postconviction relief. (Sec. 2)
13. Stipulates that postconviction relief may not be precluded because the accused consented to the jurisdiction of the court or failed to timely raise the issue. (Sec. 2)
14. Mandates that a defendant who obtains relief under the anti-SLAPP statute must have his conviction set aside and fees and costs awarded. (Sec. 2)
15. Outlines timelines for the initial filing and hearing of a petition for postconviction relief under the anti-SLAPP statute. (Sec. 2)
16. Asserts that the section of law, governing postconviction relief under the anti-SLAPP statute, is to be liberally construed to:
a) Protect individuals who have been subjected to political prosecution; and
b) Preserve the integrity of the criminal justice system. (Sec. 2)
17. Defines who is an eligible petitioner for postconviction relief under the anti-SLAPP statute as:
a) A current or former public candidate;
b) A current or former candidate for public office;
c) A current or former officer of a nonprofit, a political action committee or a political party;
d) A current or former public figure;
e) A current or former police officer;
f) A current or former participant in a protest whose arrest was related to that protest;
g) An agent, employee or attorney for any of the above. (Sec. 2)
Miscellaneous
18. Modifies the definition of state actor. (Sec. 1)
19. Contains an intent clause. (Sec. 3)
20. Contains a legislative findings clause. (Sec. 4)
21. Contains a severability clause. (Sec. 5)
22. Designates this legislation with the short title Justice For All Act. (Sec. 6)
23. Makes technical and conforming changes. (Sec. 1)
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HB 2633
Initials NM Page 0 House Engrossed
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