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2017 SESSION

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HB 2446 Immunity of persons; defamation, statements regarding matters of public concern, sanctions.

Introduced by: Mark H. Levine | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Immunity of persons; defamation; statements regarding matters of public concern; sanctions. Adds defamation to the causes of action from which a citizen shall be immune when making statements regarding matters of public concern, as defined in the bill, to a third party, including those made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity. The bill changes from permissive to mandatory the provision that reasonable attorney fees and costs be awarded to any individual who has a suit against him dismissed pursuant to such immunity. The bill requires the court to give priority on its docket to any pleading brought invoking such immunity. The bill requires the court to issue an order staying discovery proceedings related to the underlying claim pending the outcome of the court's ruling on any such pleading invoking immunity. The bill further specifies that, where a party brings an action to deter someone from exercising his constitutional rights, the court shall award sanctions.


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