Bill Title: Amends the Code of Civil Procedure. Provides for a declaratory judgment in an action concerning defamation, slander, or libel. Makes findings concerning defamation, slander, and libel. Defines: "mass media" to include newspapers and periodicals and radio, television, satellite, and Internet broadcast media; and "person" to mean a natural person. Provides that a person alleging defamation may bring a declaratory judgment action by showing that: the defendant's statement damaged the plaintiff's reputation, was published, and was false. Provides that in these actions: (i) the court must find a compelling need for any discovery; and (ii) the plaintiff must prove his or her case by clear and convincing evidence. Provides that no damages may be awarded to a plaintiff. Provides that a plaintiff who prevails shall be awarded attorney's fees, not to exceed $10,000, but only after the court considers: plaintiff's endeavors to obtain a retraction; the information supplied by the plaintiff to the defendant; defendant's timely steps to provide a retraction; plaintiff's reasonable belief that the statement damaged his or her reputation; and the complexity of the litigation. Provides that if the defendant prevails and the court finds that it was a frivolous action, the defendant is entitled to recover reasonable attorney's fees in an amount not to exceed $10,000. Bars any other action based on the same allegations. Sets a one-year statute of limitations. Makes other changes. Amends the Citizen Participation Act. Provides that although the Act applies to a motion to dispose of a claim on the grounds that the claim is based on a party's First Amendment rights, the Act does not apply to a declaratory judgment action for defamation, slander, or libel. Provides that if a party files a motion to dispose of a claim on the grounds that the claim is based on a party's First Amendment rights and in response a declaratory judgment action concerning defamation, slander, or libel is filed, there must be a dismissal of that party's action brought under the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2141 Detail]

Text: Latest bill text (Amended) [HTML]

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