HB 460 -- Litigation Against Public Participation

Sponsor:  Bivins

This bill provides that all conduct, speech, or other petitioning
activities made in connection with a public meeting will be
immune from civil liability if the conduct is aimed at procuring
any government action.  Currently, a party sued for this conduct
is authorized to file a special motion to dismiss the action.
The motion must be granted unless the responding party produces
clear and convincing evidence that the moving party is not
immunized from liability.

A party who prevails on a special motion may petition the court
for actual and punitive damages for abuse of process and
malicious prosecution.  Expenses of a party initiating legal
action based on conduct, speech, or other petitioning activities
will qualify as a tax deductible business expense.

The Attorney General is authorized to intervene and assume the
costs of defending a suit which appears to be violating a
Missouri citizen's speech which is immune from civil liability as
provided in the bill.

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm