New York S 4546: Relates to strategic lawsuits against public participation and makes technical corrections

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S04546 Summary:

BILL NOS04546 

&nbsp

SAME ASSAME AS A06626

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§70-a, 76-a & 71, Civ Rts L; amd §4, Chap 250 of 2020

&nbsp

Relates to strategic lawsuits against public participation; makes technical corrections; relates to the applicability of chapter 250 of the laws of 2020 amending the civil rights law relating to actions involving public petition and participation.

Go to top S04546 Actions:

BILL NOS04546 

&nbsp

02/06/2025REFERRED TO CODES

Go to topS04546 Committee&nbspVotes:

Go to topS04546 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04546 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4546

 2025-2026 Regular Sessions

 IN SENATE

 February 6, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Codes

 AN ACT to amend the civil rights law, in relation to strategic lawsuits
 against public participation and to make technical corrections; and to
 amend chapter 250 of the laws of 2020 amending the civil rights law
 relating to actions involving public petition and participation, in
 relation to the application thereof

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 70-a of the civil rights law, as added by chapter
 2 767 of the laws of 1992, paragraph (a) of subdivision 1 as amended by
 3 chapter 250 of the laws of 2020, is amended to read as follows:
 4 § 70-a. Actions involving public petition and participation; recovery
 5 of damages. 1. [A] For the purposes of this section:
 6 (a) A "strategic lawsuit against public participation" or "SLAPP"
 7 means an action involving public petition and participation as defined
 8 in paragraph (a) of subdivision one of section seventy-six-a of this
 9 article that lacks a substantial basis in fact and/or law.
 10 (b) "Substantial basis" means a heightened pleading burden, greater
 11 than that of plausibility, cognizability, or reasonableness, and requir-
 12 ing a demonstration of a probability of prevailing on the claim.
 13 2. In addition to the right to obtain attorneys' fees and costs via
 14 motion or other request in the underlying action as set out in this
 15 section, a prevailing defendant in an action involving public petition
 16 and participation, as defined in paragraph (a) of subdivision one of
 17 section seventy-six-a of this article, may [maintain] assert a substan-
 18 tive cause of action against the plaintiff in the underlying litigation.
 19 The prevailing defendant may file an action, claim, cross claim or coun-
 20 terclaim to recover damages, including costs and attorney's fees, from
 21 [any person who commenced or continued such action] a SLAPP plaintiff;
 22 provided that:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06624-02-5

 S. 4546 2

 1 (a) costs and attorney's fees shall be recovered upon an adjudication
 2 pursuant to subdivision (g) of rule thirty-two hundred eleven or subdi-
 3 vision (h) of rule thirty-two hundred twelve of the civil practice law
 4 and rules, an adjudication pursuant to federal rules of civil procedure
 5 12(b), 12(c), or 56, or a demonstration, [including an adjudication
 6 pursuant to subdivision (g) of rule thirty-two hundred eleven or subdi-
 7 vision (h) of rule thirty-two hundred twelve of the civil practice law
 8 and rules,] that the action involving public petition and participation
 9 was commenced or continued without a substantial basis in fact and law
 10 and could not be supported by a substantial argument for the extension,
 11 modification or reversal of existing law;
 12 (b) other compensatory damages may only be recovered upon an addi-
 13 tional demonstration that the action involving public petition and
 14 participation was commenced or continued [for the] with a purpose of
 15 harassing, intimidating, punishing or otherwise maliciously inhibiting
 16 the free exercise of speech, petition or association rights; and
 17 (c) punitive damages may only be recovered upon an additional