S 4546: 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.

  
  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 demon- 18 stration that the action involving public petition and participation was 19 commenced or continued for the sole purpose of harassing, intimidating, 20 punishing or otherwise maliciously inhibiting the free exercise of 21 speech, petition or association rights. 22 [2.] 3. The right to [bring] assert an action under this section can 23 be waived only if it is waived specifically. An action must be insti- 24 tuted no later than one year from the date the SLAPP is finally deter- 25 mined in favor of the defendant in the underlying action. 26 [3.] 4. Nothing in this section shall affect or preclude the right of 27 any party to any recovery otherwise authorized by common law, or by 28 statute, law or rule. 29 § 2. Paragraph (d) of subdivision 1 of section 76-a of the civil 30 rights law, as added by chapter 250 of the laws of 2020, is amended and 31 a new paragraph (e) is added to read as follows: 32 (d) "Public interest" shall be construed broadly, and shall mean: (1) 33 any subject other than a purely private matter; (2) any subject relating 34 to any matter of political, social, or other concern to the community; 35 or (3) any subject that is of legitimate news interest; that is, a 36 subject of interest and of value and concern to the public. 37 (e) "Substantial basis" means a heightened pleading burden, greater 38 than that of plausibility, cognizability, or reasonableness, and requir- 39 ing a demonstration of a probability of prevailing on the claim. 40 § 3. Subdivision 3 of section 76-a of the civil rights law is renum- 41 bered subdivision 4 and a new subdivision 3 is added to read as follows: 42 3. A prevailing defendant in an action involving public participation 43 shall obtain costs and attorney's fees, via motion or other request, 44 upon an adjudication pursuant to subdivision (g) of rule thirty-two 45 hundred eleven or subdivision (h) of rule thirty-two hundred twelve of 46 the civil practice law and rules, an adjudication pursuant to federal 47 rules of civil procedure 12(b), 12(c), or 56, or a demonstration that 48 the action involving public petition and participation was commenced or 49 continued without a substantial basis in fact and/or law and could not 50 be supported by a substantial argument for the extension, modification 51 or reversal of existing law. 52 § 4. Section 71 of the civil rights law, as added by chapter 924 of 53 the laws of 1920, is amended to read as follows: 54 § 71. Damages in action for suing in name of another. In an action, 55 brought by the adverse party, as prescribed in [the last] section seven- 56 ty of this article, the plaintiff, if [he] the plaintiff recovers final 
 S. 4546 3 1 judgment, is entitled to recover treble damages. In an action, brought 2 by the person whose name was used, as prescribed in [the last] section 3 seventy of this article, the plaintiff is entitled to recover [his] the 4 plaintiff's actual damages, and two hundred [and] fifty dollars in addi- 5 tion thereto. 6 § 5. Section 4 of chapter 250 of the laws of 2020 relating to actions 7 involving public petition and participation is amended to read as 8 follows: 9 § 4. This act shall take effect immediately and shall apply to actions 10 and proceedings pending on or filed on or after such effective date. 11 § 6. This act shall take effect immediately and shall apply to actions 12 and proceedings pending on or filed on or after November 10, 2020.