Bill Text: IL HB1077 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-09 - Referred to Rules Committee [HB1077 Detail]

Download: Illinois-2025-HB1077-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB1077 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
New Act
735 ILCS 110/15
Creates the Uniform Public Expression Protection Act. Applies the Act to a civil cause of action, including an action in federal court under its supplemental or diversity jurisdiction, against a person based on the person's: (i) communication in a legislative, executive, judicial, administrative, or other governmental proceeding; (ii) communication on an issue under consideration or review in any of these proceedings; or (iii) exercise of a right guaranteed by the United States Constitution or the Illinois Constitution on a matter of public concern. Provides that the Act does not apply to a cause of action asserted: (i) against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (ii) by a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law to protect against an imminent threat to public health or safety; or (iii) against a person primarily engaged in the business of selling or leasing goods or services if the cause of action arises out of a communication related to the person's sale or lease of the goods or services. Creates a procedure for a special motion for expedited relief for a party being sued for issues covered by the Act to dismiss or strike the action in whole or in part within 60 days of being sued. Requires the court to rule on a special motion for expedited relief within 60 days after a hearing, and the court must conduct a hearing not later than 60 days after the filing of such a motion unless it continues it for discovery under the Act or for other good cause. Makes other changes. Makes a conforming change in the Citizen Participation Act. Effective immediately.
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A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Uniform Public Expression Protection Act.
Section 5. Definitions and scope.
(a) In this Act:
(1) "Goods or services" does not include the creation,
dissemination, exhibition, or advertisement or similar
promotion of a dramatic, literary, musical, political,
journalistic, or artistic work.
(2) "Governmental unit" means this State and all of
its subdivisions, agencies, and instrumentalities, any
county, township, municipality, municipal corporation,
school district, school board, educational service region,
regional board of school trustees, trustees of schools of
townships, treasurers of schools of townships, community
college district, community college board, forest preserve
district, park district, fire protection district,
sanitary district, museum district, emergency telephone
system board, and any other local governmental body.
(3) "Person" means an individual, estate, trust,
partnership, business or nonprofit entity, governmental

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unit, or other legal entity.
(4) "Special motion" means a special motion for
expedited relief under Section 10.
(b) Except as otherwise provided in subsection (c), this
Act applies to a cause of action asserted in a civil action,
including an action in federal court pursuant to its
supplemental or diversity jurisdiction, against a person based
on the person's:
(1) communication in a legislative, executive,
judicial, administrative, or other governmental
proceeding;
(2) communication on an issue under consideration or
review in a legislative, executive, judicial,
administrative, or other governmental proceeding; or
(3) exercise of the right of freedom of speech or of
the press, the right to assemble or petition, or the right
of association, guaranteed by the United States
Constitution or the Illinois Constitution, on a matter of
public concern.
This Act applies to a cause of action described in this
subsection regardless of the motives of the person asserting
the cause of action.
(c) This Act does not apply to a cause of action asserted:
(1) against a governmental unit or an employee or
agent of a governmental unit acting or purporting to act
in an official capacity;

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(2) by a governmental unit or an employee or agent of a
governmental unit acting in an official capacity to
enforce a law to protect against an imminent threat to
public health or safety; or
(3) against a person primarily engaged in the business
of selling or leasing goods or services if the cause of
action arises out of a communication related to the
person's sale or lease of the goods or services.
Section 10. Special motion for expedited relief.
(a) Not later than 60 days after a party is served with a
complaint, petition, crossclaim, counterclaim, third-party
claim, or other pleading that asserts a cause of action to
which this Act applies, or at a later time on a showing of good
cause, the party may file a special motion for expedited
relief to dismiss or strike the cause of action in whole or in
part.
(b) A special motion under this Section may be filed
pursuant to any rule or procedure to dispose of a cause of
action in whole or in part, including, but not limited to,
Section 2-615 (motions with respect to pleadings), Section
2-619 (involuntary dismissal based on certain defects or
defenses), Section 2-1005 (summary judgment), Section 2-1110
(directed verdict), Section 1202 (post-trial motion), or
Section 2-1203 (motion after judgment) of the Code of Civil
Procedure. A special motion may be filed as part of a combined

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motion pursuant to Section 2-619.1 of the Code of the Civil
Procedure.
(c) Notwithstanding any other provision of law, a special
motion under this Section does not waive the moving party's
right to file any other pleading or motion or to raise any
other defenses in response to the cause of action.
Section 15. Stay.
(a) Except as otherwise provided in subsections (d)
through (g), on the filing of a special motion under this Act:
(1) all other proceedings between the moving party and
responding party, including discovery and a pending
hearing or motion, are stayed; and
(2) on motion by the moving party, the court may stay a
hearing or motion involving another party, or discovery by
another party, if the hearing or ruling on the motion
would adjudicate, or the discovery would relate to, an
issue material to the special motion.
(b) A stay under subsection (a) remains in effect until
entry of an order ruling on the special motion and expiration
of the time under Section 40 for the moving party to appeal the
order.
(c) Except as otherwise provided in subsections (e), (f),
and (g), if a party appeals from an order ruling on a special
motion, all proceedings between all parties in the action are
stayed. The stay remains in effect until the conclusion of the

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appeal.
(d) During a stay under subsection (a), the court may
allow limited discovery if a party shows that specific
information is necessary to establish whether a party has
satisfied or failed to satisfy a burden under subsection (a)
of Section 30 and the information is not reasonably available
unless discovery is allowed.
(e) A motion under Section 45 for costs, attorney's fees,
and expenses is not subject to a stay under this Section.
(f) A stay under this Section does not affect a party's
ability voluntarily to dismiss a cause of action in whole or in
part.
(g) During a stay under this Section, the court for good
cause may hear and rule on:
(1) a motion unrelated to the special motion; and
(2) a motion seeking a special or preliminary
injunction to protect against an imminent threat to public
health or safety.
Section 20. Hearing.
(a) The court shall hear a special motion under this Act
not later than 60 days after filing of the motion, unless the
court orders a later hearing:
(1) to allow discovery under subsection (d) of Section
15; or
(2) for other good cause.

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(b) If the court orders a later hearing under paragraph
(1) of subsection (a), the court shall hear the special motion
not later than 60 days after the court order allowing the
discovery, unless the court orders a later hearing under
paragraph (2) of subsection (a).
Section 25. Proof. In ruling on a special motion, the
court shall consider the pleadings, the motion, any reply or
response to the motion, and any evidence that could be
considered in ruling on a motion for summary judgment under
Section 2-1005 of the Code of Civil Procedure.
Section 30. Dismissing or striking a cause of action in
whole or part.
(a) In ruling on a special motion, the court shall dismiss
or strike a cause of action with prejudice in whole or in part
if:
(1) the moving party establishes under subsection (b)
of Section 5 that this Act applies;
(2) the responding party fails to establish under
subsection (c) of Section 5 that this Act does not apply;
and
(3) either:
(A) the responding party fails to establish a
prima facie case as to each essential element of the
cause of action; or

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(B) the moving party establishes that:
(i) the responding party failed to state a
cause of action upon which relief can be granted;
or
(ii) there is no genuine issue as to any
material fact and the moving party is entitled to
judgment as a matter of law on the cause of action
in whole or in part.
(b) A voluntary dismissal without prejudice of a
responding party's cause of action, in whole or in part, that
is the subject of a special motion does not affect a moving
party's right to obtain a ruling on the motion and seek costs,
attorney's fees, and expenses under Section 45.
(c) A voluntary dismissal with prejudice of a responding
party's cause of action, in whole or in part, that is the
subject of a special motion establishes for the purpose of
Section 45 that the moving party prevailed on the special
motion.
Section 35. Ruling. The court shall rule on a motion under
Section 10 not later than 60 days after a hearing under Section
20.
Section 40. Appeal. A moving party may appeal as a matter
of right from an order denying, in whole or in part, a motion
under Section 10. The appeal must be filed not later than 30

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days after entry of the order.
Section 45. Costs, attorney's fees, and expenses. The
court shall award court costs, reasonable attorney's fees, and
reasonable litigation expenses related to a special motion:
(1) to the moving party if the moving party prevails
on the motion; or
(2) to the responding party if the responding party
prevails on the motion and the court finds that the motion
was frivolous or filed solely with intent to delay the
proceeding.
Section 50. Construction. This Act must be broadly
construed and applied to protect the exercise of the right of
freedom of speech and of the press, the right to assemble and
petition, and the right of association, guaranteed by the
United States Constitution or the Illinois Constitution.
Section 55. Uniformity of application and construction. In
applying and construing this uniform Act, consideration must
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Section 60. Transitional provision. This Act applies to a
civil action filed or cause of action asserted in a civil
action on or after the effective date of this Act.

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Section 65. Savings clause. This Act does not affect a
cause of action asserted before the effective date of this Act
in a civil action or a motion under the Citizen Participation
Act regarding such a cause of action.
Section 70. Severability. If any provision of this Act or
its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or
applications of this Act which can be given effect without the
invalid provision or application, and to this end the
provisions of this Act are severable.
Section 75. Relation to the Citizen Participation Act.
Beginning on the effective date of this Act, the Citizen
Participation Act applies only to a civil action described in
Section 65.
Section 900. The Citizen Participation Act is amended by
changing Section 15 as follows:
(735 ILCS 110/15)
Sec. 15. Applicability. This Act applies to any motion to
dispose of a claim in a judicial proceeding on the grounds that
the claim is based on, relates to, or is in response to any act
or acts of the moving party in furtherance of the moving

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party's rights of petition, speech, association, or to
otherwise participate in government filed before the effective
date of the Uniform Public Expression Protection Act.
Acts in furtherance of the constitutional rights to
petition, speech, association, and participation in government
are immune from liability, regardless of intent or purpose,
except when not genuinely aimed at procuring favorable
government action, result, or outcome.
(Source: P.A. 95-506, eff. 8-28-07.)