Proyectos de ley › 91.ª Asamblea General

HF 472Firmado por gobernador(a) · 19 de mayo de 2025

Creating a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, and including applicability provisions

Presentado por el comité Judiciary (companion To Sf 47 By Reichman) de la Cámara

Temas:Civil rightsCourts & civil law

La misma legislación: SF 47, HSB 116

Dónde está ahora

  1. Hecho: Presentado15 de enero de 2025
  2. Hecho: Subcomité3 de febrero de 2025
  3. Hecho: Comité de la Cámara18 de febrero de 2025
  4. Hecho: Lo aprueba la Cámara11 de marzo de 202591–0
  5. Hecho: Comité del Senado3 de abril de 2025
  6. Hecho: Lo aprueba el Senado16 de abril de 202547–0
  7. Hecho: A gobernador(a)19 de mayo de 2025
  8. Hecho: Firmado como ley19 de mayo de 2025

Firmado como ley ¿Qué es el embudo (funnel)?

Qué contiene

Resumen con IA People who are sued for exercising their rights to free speech, press, or assembly can ask a court for a fast way to get their case dismissed. If a person wins this request, the court can order them to have their legal fees and costs paid by the other side. This rule applies to lawsuits involving public concerns or communications made during government proceedings, but it does not apply to lawsuits against government agencies. (Todavía no está traducido al español.)1

Lea la explicación oficial (en inglés)

This bill enacts the “Uniform Public Expression Protection Act”, which creates a special motion for expedited relief in actions involving the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association. The bill applies to a cause of action asserted in a civil action against a person based on the person’s communication in a legislative, executive, judicial, administrative, or other governmental proceeding; communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or exercise of the person’s first amendment right on a matter of public concern. The bill does not apply to causes of action against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce or protect against an imminent threat to public health or safety; or against a person engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to a person’s sale or lease of the goods or services. The bill defines “goods or services” to not include the creation, dissemination, exhibition, or advertisement or similar promotion of a dramatic, literary, musical, political, journalistic, or artistic work, and defines “governmental unit” to mean a public corporation or government or governmental subdivision, agency, or instrumentality. The bill provides that no later than days after being served with a cause of action to which the bill applies, or at a later time upon showing of good cause, a party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action. The filing of the special motion stays all other proceedings between the parties, and the court has discretion to stay a proceeding involving another party if the hearing or ruling on motion would adjudicate an issue material to the motion. A hearing shall be held no later than days after filing the motion, unless the court orders a later hearing to allow discovery or for good cause. A stay remains in effect until an order ruling on the motion is entered and the 30-day appeal period following the order has concluded. During a stay, the court may allow limited discovery if a party shows the information is not reasonably available and that specific information is necessary to establish whether a party has satisfied the party’s burden under the bill. The court may also, for good cause, hear and rule on motions unrelated to the special motion and a motion seeking an injunction. The bill provides that a motion for costs, attorney fees, and expenses is not subject to the special motion for expedited relief stay. The parties’ ability to voluntarily dismiss or move to sever is not affected by the special motion for expedited relief stay. The bill provides that in ruling on a special motion for expedited relief, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if the moving party establishes that the bill applies, the responding party fails to establish that the bill does not apply, and either the responding party fails to establish a prima facie case as to each essential element of the cause of action or the moving party establishes that the responding party failed to state a cause of action upon which relief can be granted or there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the cause of action. The bill provides that the court may award court costs, reasonable attorney fees, and reasonable litigation fees relating to the special motion to the prevailing party. The bill is a uniform Act drafted by the national conference of commissioners on uniform state laws. The bill applies to actions that are filed on or after the effective date of the bill.

Cambiado después por la enmienda S-3105; vea Enmiendas.

Texto completo del proyecto (en inglés) · Qué cambió antes de aprobarse2

House subcommittee

Named February 3, 2025 (as HSB 116). On February 11, 2025 it recommended passage.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

2 comentarios públicos por escrito a su subcomité: 11 de febrero de 2025 (2) · en el sitio de la Legislatura

Lo que cambia del Código de Iowa (Iowa Code)

Crea§652.1§652.10§652.11§652.12§652.2§652.3§652.4§652.5§652.6§652.7§652.8§652.9

Cómo funciona el Código3

Cabildeo

16 a favor · 1 en contra · 6 indecisos · Quiénes →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in 2 earlier General Assemblies. None became law, though one got through a chamber.

  • HF 177 Creating a special motion for expedited relief in actions involving the exercise of the ri…
    90th General Assembly · Passed House · same title
    Passed a chamber
  • HF 456 Creating a special motion for expedited relief in actions involving the exercise of the ri…
    89th General Assembly · Passed House · nearly identical
    Passed a chamber

Similar bills this General Assembly

  • SF 334 Creating a special motion for expedited relief in actions involving the exercise of the ri…
    91st General Assembly · In committee
    Nearly identical

Matched by wording or an identical title.