Bill Text: IL SB2141 | 2011-2012 | 97th General Assembly | Amended

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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]

Download: Illinois-2011-SB2141-Amended.html

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Rep. Jack D. Franks

Filed: 5/3/2011

09700SB2141ham001 LRB097 10174 AJO 55001 a
AMENDMENT TO SENATE BILL 2141
AMENDMENT NO. ______. Amend Senate Bill 2141 on page 11,
below line 10, by inserting the following:
"(l) Attorney's fees and court costs. The court shall award
reasonable attorney's fees and court costs, when requested, in
an amount not to exceed $10,000 to counsel for the defendant if
the defendant is the prevailing party. In exercising its
discretion to determine the amount of attorney's fees, the
court shall consider, among other factors, the following:
(1) any action taken by the plaintiff prior to filing
the action to obtain a retraction or other appropriate
response from the defendant, and the timeliness of that
action;
(2) the nature, extent, and quality of information
supplied by the plaintiff to the defendant prior to filing
the action when the plaintiff took the action described in
paragraph (1);
(3) any action taken by the defendant, and the

09700SB2141ham001 - 2 - LRB097 10174 AJO 55001 a
timeliness of that action, to provide the plaintiff with a
retraction or other appropriate response;
(4) the extent to which the plaintiff reasonably
believed that the statement at issue was damaging to his or
her reputation; and
(5) the complexity of the litigation.".