2023 Illinois Compiled Statutes › Chapter 735 - CIVIL PROCEDURE › 735 ILCS 110/ - Citizen Participation Act.

(735 ILCS 110/1)
Sec. 1. Short title.   This Act may be cited as the Citizen Participation
Act.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/5)
Sec. 5. Public policy.   Pursuant to the fundamental philosophy of the
American
constitutional form of government, it is declared to be the public policy of
the State of Illinois that the constitutional rights of citizens and
organizations to be involved and participate freely in the process of
government must be
encouraged and safeguarded with great diligence.  The information, reports,
opinions, claims, arguments, and other expressions provided by citizens are
vital to effective law enforcement, the operation of government, the making of
public policy and decisions, and the continuation of representative democracy.
The laws, courts, and other agencies of this State must provide the utmost
protection for the free exercise of these rights of petition, speech,
association, and
government participation.
Civil actions for money damages have been filed against citizens and
organizations of this State as a result of their valid exercise of their
constitutional rights to petition, speak freely, associate freely, and
otherwise
participate in and communicate with government.  There has been a disturbing
increase in lawsuits termed "Strategic Lawsuits Against Public Participation"
in
government or "SLAPPs" as they are popularly called.
The threat of SLAPPs
significantly chills and diminishes citizen participation in government,
voluntary public service, and the exercise of these important constitutional
rights.  This abuse of the judicial process can and has been used as a means of
intimidating, harassing, or punishing citizens and organizations for involving
themselves in public affairs.
It is in the public interest and it is the purpose of this Act to strike a
balance between the rights of persons to file lawsuits for injury and the
constitutional rights of persons to petition, speak freely, associate freely,
and
otherwise participate in government; to protect and encourage public
participation in government to the maximum extent permitted by law; to
establish an efficient process for identification and adjudication of SLAPPs;
and to provide for attorney's fees and costs
to prevailing movants.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/10)
Sec. 10. Definitions.
In this Act:
"Government" includes a branch, department, agency,
instrumentality, official, employee, agent, or other person acting under color
of law of the United States, a state, a subdivision of a state, or another
public authority including the electorate.
"Person" includes any individual, corporation, association,
organization, partnership, 2 or more persons having a joint or common
interest, or other legal entity.
"Judicial claim" or "claim" include any lawsuit, cause of
action, claim, cross-claim, counterclaim, or other judicial pleading or filing
alleging injury.
"Motion" includes any motion to dismiss, for summary
judgment, or to strike, or any other judicial pleading filed to dispose
of a judicial claim.
"Moving party" means any person on whose behalf a motion
described in subsection (a) of Section 20 is filed seeking dismissal of a
judicial claim.
"Responding party" means any person against whom a motion
described in subsection (a) of Section 20 is filed.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/15)
Sec. 15. Applicability.
This Act applies to any motion to dispose of a claim in a judicial proceeding
on the grounds that the claim is based on, relates to, or is in response to any
act or acts of the moving party in furtherance of the moving party's rights of
petition, speech, association, or to otherwise participate in government.
Acts in furtherance of the constitutional rights to petition, speech,
association, and participation in government are immune from liability,
regardless of intent or purpose, except when not genuinely aimed at procuring
favorable government action, result, or outcome.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/20)
Sec. 20. Motion procedure and standards.
(a) On the filing of any motion as described in Section 15, a hearing and
decision on the motion must occur within 90 days after notice of the motion is
given to the
respondent.
An appellate
court shall expedite any appeal or other writ, whether interlocutory or not,
from a trial court order denying that motion or from a trial court's failure to
rule on that motion within 90 days after that trial court order or failure to
rule.
(b) Discovery shall be suspended pending a decision on the motion. However,
discovery may be taken, upon leave of court for good cause shown, on the issue
of whether the movants
acts are not immunized from, or are not in furtherance of acts immunized
 from, liability by this Act.
(c) The court shall grant the motion and dismiss the judicial claim unless
the court finds that the responding party has produced clear and convincing
evidence that the acts of the moving party are not immunized from, or are not
in
furtherance of acts immunized from, liability by this Act.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/25)
Sec. 25. Attorney's fees and costs.
The court shall award a moving party who prevails in a motion under this Act
reasonable attorney's fees and costs incurred in connection with the motion.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/30)
Sec. 30. Construction of Act.
(a) Nothing in this Act shall limit or preclude any rights the
moving party may have under any other constitutional, statutory, case or common
law, or rule provisions.
(b) This Act shall be construed liberally to effectuate its purposes and
intent fully.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/35)
Sec. 35. Severability.   The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 95-506, eff. 8-28-07.)
(735 ILCS 110/99)
Sec. 99. Effective date. This Act takes effect upon becoming law.
(Source: P.A. 95-506, eff. 8-28-07.)