S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4546
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Section 70-a of the civil rights law, as added  by  chapter
 767  of  the  laws of 1992, paragraph (a) of subdivision 1 as amended by
 chapter 250 of the laws of 2020, is amended to read as follows:
   § 70-a. Actions involving public petition and participation;  recovery
 of damages. 1. [A] FOR THE PURPOSES OF THIS SECTION:
   (A)  A  "STRATEGIC  LAWSUIT  AGAINST  PUBLIC PARTICIPATION" OR "SLAPP"
 MEANS AN ACTION INVOLVING PUBLIC PETITION AND PARTICIPATION  AS  DEFINED
 IN  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF SECTION SEVENTY-SIX-A OF THIS
 ARTICLE THAT LACKS A SUBSTANTIAL BASIS IN FACT AND/OR LAW.
   (B) "SUBSTANTIAL BASIS" MEANS A HEIGHTENED  PLEADING  BURDEN,  GREATER
 THAN THAT OF PLAUSIBILITY, COGNIZABILITY, OR REASONABLENESS, AND REQUIR-
 ING A DEMONSTRATION OF A PROBABILITY OF PREVAILING ON THE CLAIM.
   2.  IN  ADDITION  TO THE RIGHT TO OBTAIN ATTORNEYS' FEES AND COSTS VIA
 MOTION OR OTHER REQUEST IN THE UNDERLYING ACTION AS SET  OUT  IN    THIS
 SECTION,  A  PREVAILING defendant in an action involving public petition
 and participation, as defined in paragraph (a)  of  subdivision  one  of
 section  seventy-six-a of this article, may [maintain] ASSERT A SUBSTAN-
 TIVE CAUSE OF ACTION AGAINST THE PLAINTIFF IN THE UNDERLYING LITIGATION.
 THE PREVAILING DEFENDANT MAY FILE an action, claim, cross claim or coun-
 terclaim to recover damages, including costs and attorney's  fees,  from
 [any  person  who commenced or continued such action] A SLAPP PLAINTIFF;
 provided that:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06624-02-5
              

 S. 4546                             2
 
   (a) costs and attorney's fees shall be recovered upon AN  ADJUDICATION
 PURSUANT  TO SUBDIVISION (G) OF RULE THIRTY-TWO HUNDRED ELEVEN OR SUBDI-
 VISION (H) OF RULE THIRTY-TWO HUNDRED TWELVE OF THE CIVIL  PRACTICE  LAW
 AND  RULES, AN ADJUDICATION PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE
 12(B),  12(C),  OR  56,  OR  a demonstration, [including an adjudication
 pursuant to subdivision (g) of rule thirty-two hundred eleven or  subdi-
 vision  (h)  of rule thirty-two hundred twelve of the civil practice law
 and rules,] that the action involving public petition and  participation
 was  commenced  or continued without a substantial basis in fact and law
 and could not be supported by a substantial argument for the  extension,
 modification or reversal of existing law;
   (b)  other  compensatory  damages  may only be recovered upon an addi-
 tional demonstration that  the  action  involving  public  petition  and
 participation  was  commenced  or  continued [for the] WITH A purpose of
 harassing, intimidating, punishing or otherwise  maliciously  inhibiting
 the free exercise of speech, petition or association rights; and
   (c)  punitive  damages may only be recovered upon an additional demon-
 stration that the action involving public petition and participation was
 commenced or continued for the sole purpose of harassing,  intimidating,
 punishing  or  otherwise  maliciously  inhibiting  the  free exercise of
 speech, petition or association rights.
   [2.] 3. The right to [bring] ASSERT an action under this  section  can
 be  waived  only  if it is waived specifically. AN ACTION MUST BE INSTI-
 TUTED NO LATER THAN ONE YEAR FROM THE DATE THE SLAPP IS  FINALLY  DETER-
 MINED IN FAVOR OF THE DEFENDANT IN THE UNDERLYING ACTION.
   [3.]  4. Nothing in this section shall affect or preclude the right of
 any party to any recovery otherwise authorized  by  common  law,  or  by
 statute, law or rule.
   §  2.  Paragraph  (d)  of  subdivision  1 of section 76-a of the civil
 rights law, as added by chapter 250 of the laws of 2020, is amended  and
 a new paragraph (e) is added to read as follows:
   (d)  "Public interest" shall be construed broadly, and shall mean: (1)
 any subject other than a purely private matter; (2) ANY SUBJECT RELATING
 TO ANY MATTER OF POLITICAL, SOCIAL, OR OTHER CONCERN TO  THE  COMMUNITY;
 OR  (3)  ANY  SUBJECT  THAT  IS  OF LEGITIMATE NEWS INTEREST; THAT IS, A
 SUBJECT OF INTEREST AND OF VALUE AND CONCERN TO THE PUBLIC.
   (E) "SUBSTANTIAL BASIS" MEANS A HEIGHTENED  PLEADING  BURDEN,  GREATER
 THAN THAT OF PLAUSIBILITY, COGNIZABILITY, OR REASONABLENESS, AND REQUIR-
 ING A DEMONSTRATION OF A PROBABILITY OF PREVAILING ON THE CLAIM.
   §  3.  Subdivision 3 of section 76-a of the civil rights law is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3. A PREVAILING DEFENDANT IN AN ACTION INVOLVING PUBLIC  PARTICIPATION
 SHALL  OBTAIN  COSTS  AND  ATTORNEY'S FEES, VIA MOTION OR OTHER REQUEST,
 UPON AN ADJUDICATION PURSUANT TO  SUBDIVISION  (G)  OF  RULE  THIRTY-TWO
 HUNDRED  ELEVEN  OR SUBDIVISION (H) OF RULE THIRTY-TWO HUNDRED TWELVE OF
 THE CIVIL PRACTICE LAW AND RULES, AN ADJUDICATION  PURSUANT  TO  FEDERAL
 RULES  OF  CIVIL  PROCEDURE 12(B), 12(C), OR 56, OR A DEMONSTRATION THAT
 THE ACTION INVOLVING PUBLIC PETITION AND PARTICIPATION WAS COMMENCED  OR
 CONTINUED  WITHOUT  A SUBSTANTIAL BASIS IN FACT AND/OR LAW AND COULD NOT
 BE SUPPORTED BY A SUBSTANTIAL ARGUMENT FOR THE  EXTENSION,  MODIFICATION
 OR REVERSAL OF EXISTING LAW.
   §  4.  Section  71 of the civil rights law, as added by chapter 924 of
 the laws of 1920, is amended to read as follows:
   § 71. Damages in action for suing in name of another.  In  an  action,
 brought by the adverse party, as prescribed in [the last] section SEVEN-
 TY  OF THIS ARTICLE, the plaintiff, if [he] THE PLAINTIFF recovers final
 S. 4546                             3
 
 judgment, is entitled to recover treble damages. In an  action,  brought
 by  the  person whose name was used, as prescribed in [the last] section
 SEVENTY OF THIS ARTICLE, the plaintiff is entitled to recover [his]  THE
 PLAINTIFF'S actual damages, and two hundred [and] fifty dollars in addi-
 tion thereto.
   §  5. Section 4 of chapter 250 of the laws of 2020 relating to actions
 involving public petition  and  participation  is  amended  to  read  as
 follows:
   § 4. This act shall take effect immediately AND SHALL APPLY TO ACTIONS
 AND PROCEEDINGS PENDING ON OR FILED ON OR AFTER SUCH EFFECTIVE DATE.
   § 6. This act shall take effect immediately and shall apply to actions
 and proceedings pending on or filed on or after November 10, 2020.