Strategic lawsuits against public participation; special motion to dismiss, stay of discovery. (HB759)
Introduced By
Sen. Schuyler VanValkenburg (D-Henrico) with support from co-patrons Del. Sally Hudson (D-Charlottesville), and Del. Jay Jones (D-Norfolk)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Strategic lawsuits against public participation; special motion to dismiss; stay of discovery; fees and costs. Establishes a procedure by which a party alleging that a claim filed against him is a strategic lawsuit against public participation (SLAPP), as defined in the bill, may file a special motion to dismiss. The bill provides that the filing of such a special motion to dismiss shall stay discovery proceedings related to the claim, pending the entry of an order adjudicating the special motion to dismiss. The bill provides that a court shall award reasonable expenses related to a special motion to dismiss, including attorney fees and costs, if the moving party prevails, in whole or in part, on such a special motion. The bill allows the court to award such reasonable expenses to a prevailing responding party to a special motion to dismiss if the court finds that such a motion was filed in bad faith or solely with the intent to delay the underlying proceedings. Read the Bill »
Status
03/12/2020: failed house
History
Date | Action |
---|---|
01/07/2020 | Committee |
01/07/2020 | Prefiled and ordered printed; offered 01/08/20 20104817D |
01/07/2020 | Referred to Committee for Courts of Justice |
01/30/2020 | Assigned Courts sub: Civil |
02/03/2020 | Subcommittee recommends reporting with substitute (5-Y 2-N) |
02/07/2020 | Reported from Courts of Justice with substitute (10-Y 6-N) (see vote tally) |
02/07/2020 | Committee substitute printed 20107492D-H1 |
02/09/2020 | Read first time |
02/10/2020 | Read second time |
02/10/2020 | Committee substitute agreed to 20107492D-H1 |
02/10/2020 | Engrossed by House - committee substitute HB759H1 |
02/11/2020 | Read third time and passed House (64-Y 34-N) |
02/11/2020 | VOTE: Passage (64-Y 34-N) (see vote tally) |
02/12/2020 | Constitutional reading dispensed |
02/12/2020 | Referred to Committee on the Judiciary |
02/19/2020 | Reported from Judiciary with substitute (13-Y 1-N) (see vote tally) |
02/19/2020 | Committee substitute printed 20108626D-S1 |
02/21/2020 | Constitutional reading dispensed (32-Y 0-N) (see vote tally) |
02/24/2020 | Read third time |
02/24/2020 | Reading of substitute waived |
02/24/2020 | Committee substitute agreed to 20108626D-S1 |
02/24/2020 | Engrossed by Senate - committee substitute HB759S1 |
02/24/2020 | Passed Senate with substitute (40-Y 0-N) (see vote tally) |
02/26/2020 | VOTE: Adoption (0-Y 96-N) (see vote tally) |
02/26/2020 | Placed on Calendar |
02/26/2020 | Senate substitute rejected by House 20108626D-S1 (0-Y 96-N) |
02/26/2020 | VOTE: REJECTED (0-Y 96-N) (see vote tally) |
02/28/2020 | Senate insisted on substitute (38-Y 0-N) (see vote tally) |
02/28/2020 | Senate requested conference committee |
03/02/2020 | House acceded to request |
03/02/2020 | Conferees appointed by House |
03/02/2020 | Delegates: VanValkenburg, Simon, Kilgore |
03/03/2020 | Conferees appointed by Senate |
03/03/2020 | Senators: Edwards, Petersen, Chafin |
03/12/2020 | No further action taken |
03/12/2020 | Failed to pass in House |