Bill Text: NJ S3758 | 2024-2025 | Regular Session | Introduced
Bill Title: Extends anti-SLAPP protections to complainants of sexual assault, harassment, and discrimination.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-10-07 - Introduced in the Senate, Referred to Senate Judiciary Committee [S3758 Detail]
Download: New_Jersey-2024-S3758-Introduced.html
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Extends anti-SLAPP protections to complainants of sexual assault, harassment, and discrimination.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning protections for complainants of sexual assault, harassment, and discrimination, and amending Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2023, c.155 (C.2A:53A-50) is amended to read as follows:
2. Scope.
a. In this section:
(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 a public corporation or government or governmental subdivision, agency, or instrumentality.
(3) "Person" means an individual, estate, trust, partnership, business or nonprofit entity, governmental unit, or other legal entity.
b. Except as otherwise provided in subsection c., this act applies to a cause of action asserted in a civil action 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 assembly or petition, or the right of association, guaranteed by the United States Constitution or the New Jersey Constitution, on a matter of public concern; or
(4) making of a report or complaint, in good faith and without malice, of: a sexual offense pursuant to chapter 14 of Title 2C of the New Jersey Statutes or N.J.S.2C:24-4, or a violation of the Law Against Discrimination, N.J.S.10:5-1 et seq.; or an incident of retaliation for the making of such a report or complaint, where the person has, or at any time had, a reasonable basis to make such a report or complaint, whether or not a criminal prosecution, civil action, or administrative action was actually initiated.
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;
(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.
(cf: P.L.2023, c.155, s.2)
2. Section 4 of P.L.2023, C.155 (C.2A:53A-52) is amended to read as follows:
4. Stay.
a. Except as otherwise provided in subsections d. through g., upon the filing of an application for an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) the court may order:
(1) all other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, to be stayed;
(2) on motion by the moving party, the court may stay an action or proceeding involving another party, or discovery by another party, if the hearing or ruling in that proceeding would adjudicate, or the discovery would relate to, an issue material to an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and
(3) In determining whether to stay any proceedings, there shall be a presumption that such a stay shall be granted.
b. A stay under subsection a. remains in effect until lifted by the court.
c. Except as otherwise provided in subsections e., f. and g., if a party appeals from an order ruling on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), all proceedings between all parties in the action may be stayed by the court until the conclusion of the 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 7 of P.L.2023, c.155 (C.2A:53A-55) and the information is not reasonably available unless discovery is allowed.
e. A motion under section 10 of P.L.2023, c.155 (C.2A:53A-58) for damages, 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 or party of a cause of action or move to sever a cause of action.
g. If the court issues a stay under this section, the court for good cause may hear and rule on:
(1) a motion unrelated to an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51); and
(2) a motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety.
(cf: P.L.2023, c.155, s.4)
3. Section 7 of P.L.2023, c.155 (C.2A:53A-55) is amended to read as follows:
7. Dismissal of cause of action in whole or part.
a. In ruling on an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51), the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(1) the moving party established under subsection b. of section 2 of P.L.2023, c.155 (C.2A:53A-50) that this act applies;
(2) the responding party fails to establish under subsection c. of section 2 of P.L.2023, c.155 (C.2A:53A-50) 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 any cause of action in the complaint; or
(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 or part of the cause of action.
b. A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) does not affect a moving party's right to obtain a ruling on the order to show cause and seek damages, costs, attorney's fees, and expenses under section 10 of P.L.2023, c.155 (C.2A:53A-58).
c. A voluntary dismissal with prejudice of a responding's party cause of action, or part of a cause of action, that is the subject of an order to show cause under section 3 of P.L.2023, c.155 (C.2A:53A-51) establishes for the purpose of section 10 of P.L.2023, c.155 (C.2A:53A-58) that the moving party prevailed on the motion.
(cf: P.L.2023, c.155, s.7)
4. Section 10 of P.L.2023, c.155 (C.2A:53A-58) is amended to read as follows:
10. Costs, Attorney's Fees, and Expenses.
On a motion under section 3 of P.L.2023, c.155 (C.2A:53A-51), the court shall award compensatory and punitive damages, court costs, reasonable attorney's fees, and reasonable litigation expenses related to the order to show cause:
(1) to the moving party if the moving party prevails on the order to show cause; or
(2) to the responding party if the responding party prevails on the order to show cause and the court finds that the order to show cause was frivolous or filed solely with intent to delay the proceeding.
(cf: P.L.2023, c.155, s.10)
5. Section 11 of P.L.2023, c.155 (C.2A:53A-59) is amended to read as follows:
11. Construction.
a. This act shall be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assembly and petition, and the right of association, guaranteed by the United States Constitution or the New Jersey Constitution.
b. This act shall also be broadly construed and applied in furtherance of the goals of the Law Against Discrimination, N.J.S.10:5-1 et seq., and for the protection of victims of sexual offenses.
(cf: P.L.2023, c.155, s.11)
6. This act shall take effect immediately.
STATEMENT
This bill extends the State's anti-SLAPP law, P.L.2023, c.155 (N.J.S.A.2A:53A-49 et seq.), to protect persons who make a report or complaint of sexual assault, harassment, or discrimination.
A SLAPP (strategic lawsuit against public participation) is typically a lawsuit, such as a defamation lawsuit, filed in retaliation against a victim, complainant, witness, whistleblower, advocate, or journalist in order to intimidate or silence the person from speaking out. As demonstrated by the #MeToo movement, victims of sexual assault, harassment, and discrimination may be reluctant to come forward due to fear of retaliation, including fear of SLAPP suits.
Under existing law, a person facing a SLAPP suit can file an order to show cause with the court to dismiss the SLAPP claim if it can be shown that the SLAPP claim was asserted 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 assembly or petition, or the right of association, guaranteed by the United States Constitution or the New Jersey Constitution, on a matter of public concern. If the SLAPP claim is dismissed, the person can recover litigation costs and reasonable attorneys' fees.
Under the bill, anti-SLAPP protections are extended to persons who make a report or complaint, in good faith and without malice, of: a sexual offense pursuant to chapter 14 of Title 2C of the New Jersey Statutes or N.J.S.2C:24-4, or a violation of the Law Against Discrimination, N.J.S.10:5-1 et seq., or an incident of retaliation for the making of such a report or complaint, where the person has, or at any time had, a reasonable basis to make such a report or complaint, whether or not a criminal prosecution or civil or administrative action was actually initiated. The bill also allows a person who successfully dismisses a SLAPP claim to be awarded compensatory and punitive damages, in addition to litigation costs and attorneys' fees.
