Vermont H 107: An act relating to reports or complaints of sex offenses or sexual harassment

Bill Text

BILL AS INTRODUCED H.107
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VT LEG #379563 v.1
H.107 1
Introduced by Representatives Headrick of Burlington, Burke of Brattleboro, 2
Coffin of Cavendish, Logan of Burlington, McCann of 3
Montpelier, Pouech of Hinesburg, Priestley of Bradford, and 4
White of Bethel 5
Referred to Committee on 6
Date: 7
Subject: Court procedure; pleadings generally; strategic lawsuits against public 8
participation 9
Statement of purpose of bill as introduced: This bill proposes to include good 10
faith reports or complaints involving sex offenses or sexual harassment within 11
the protections of the anti-SLAPP (strategic lawsuits against public 12
participation) statute. The SLAPP statute is intended to address lawsuits that 13
are brought for the purpose of chilling the valid exercise of the constitutional 14
right to freedom of speech and freedom to petition the government by striking 15
the action if it is devoid of any reasonable factual support and any arguable 16
basis in law and has not caused actual harm. This act extends those protections 17
to cases in which a person has filed a report regarding a sex offense or sexual 18
harassment. 19

BILL AS INTRODUCED H.107
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VT LEG #379563 v.1
An act relating to reports or complaints of sex offenses or sexual 1
harassment 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. 12 V.S.A. § 1041 is amended to read: 4
§ 1041. EXERCISE OF RIGHTS TO FREE SPEECH AND TO PETITION 5
GOVERNMENT FOR REDRESS OF GRIEVANCES; SPECIAL 6
MOTION TO STRIKE 7
(a)(1) This section shall apply to a civil action filed against a person based 8
on the person’s: 9
(A) exercise of the right to freedom of speech or to petition the 10
government on a public issue; and 11
(B) the making of a good faith report or complaint regarding: 12
(i) a violation of 13 V.S.A. chapter 59 (lewdness and prostitution); 13
(ii) a violation of 13 V.S.A. chapter 72 (sexual assault); 14
(iii) a violation of a sexual harassment policy required by 21 15
V.S.A. § 495h or the provisions of 21 V.S.A. § 495h(a) requiring a workplace 16
free from sexual harassment; or 17
(iv) an incident of retaliation for the making of a report or 18
complaint based on subdivisions (i)–(iii) of this subdivision (a)(1)(B), provided 19
the person had a reasonable basis to make such a report or complaint, 20
regardless of whether a criminal, civil, or administration action was initiated. 21

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VT LEG #379563 v.1
(2) A defendant in an action arising from the defendant’s exercise, in 1
connection with a public issue, of the right to freedom of speech or to petition 2
the government for redress of grievances under the U.S. or Vermont 3
Constitution identified in subdivision (1) of this subsection may file a special 4
motion to strike under this section. 5
(b) A special motion to strike under this section shall be filed with the court 6
and served on all parties not more than 60 days after the filing of the 7
complaint. A party may file a response to the motion not more than 15 days 8
after the motion is served on the party. The court may extend the time limits of 9
this subsection for good cause shown. 10
(c)(1) The filing of a special motion to strike under this section shall stay 11
all discovery proceedings in the action. Except as provided in subdivision (2) 12
of this subsection, the stay of discovery shall remain in effect until the court 13
rules on the special motion to strike. 14
(2) The court, on motion and for good cause shown, may order that 15
limited discovery be conducted for the purpose of assisting its decision on the 16
special motion to strike. 17
(d) The court shall hold a hearing on a special motion to strike not more 18
than 30 days after service of the motion unless good cause exists for an 19
extension. 20

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VT LEG #379563 v.1
(e)(1) The court shall grant the special motion to strike, unless the plaintiff 1
shows that: 2
(A) the defendant’s exercise of his or her the right to freedom of 3
speech and to petition the government on a public issue or making of a good 4
faith report or complaint as provided in subdivision (a)(1)(B) of this section 5
was devoid of any reasonable factual support and any arguable basis in law; 6
and 7
(B) the defendant’s acts caused actual injury to the plaintiff. 8
(2) In making its determination, the court shall consider the pleadings 9
and supporting and opposing affidavits stating the facts upon which the 10
liability or defense is based. 11
(f)(1) If the court grants the special motion to strike, the court shall award 12
compensatory damages, costs, and reasonable attorney’s fees to the defendant 13
and may award punitive damages, if appropriate. If the court denies the special 14
motion to strike and finds the motion is frivolous or is intended solely to cause 15
unnecessary delay, the court shall award compensatory damages, costs, and 16
reasonable attorney’s fe