Connecticut Seal

General Assembly

Amendment

 

January Session, 2017

LCO No. 7089

   
 

*SB0098107089SDO*

Offered by:

 

SEN. DOYLE, 9th Dist.

SEN. KISSEL, 7th Dist.

REP. TONG, 147th Dist.

REP. REBIMBAS, 70th Dist.

 

To: Subst. Senate Bill No. 981

File No. 675

Cal. No. 357

"AN ACT CONCERNING STRATEGIC LITIGATION AGAINST PUBLIC PARTICIPATION AND A SPECIAL MOTION TO DISMISS. "

Change the effective date of section 1 to "Effective January 1, 2018, and applicable to any civil action filed on or after said date"

In line 5, strike "or"

In line 6, after "figure" insert ", or (E) an audiovisual work"

In line 32, strike "sixty" and insert "thirty" in lieu thereof and strike "service" and insert "return" in lieu thereof

In line 33, after "complaint," insert "or the filing of a"

In lines 46 and 49, strike "thirty" and insert "sixty" in lieu thereof

In lines 51 and 53, strike "thirty-day" and insert "sixty-day" in lieu thereof

In line 67, strike "by a preponderance of the evidence, a"

In line 68, strike "probability of prevailing" and insert "that there is probable cause, considering all valid defenses, that the party will prevail" in lieu thereof

Strike lines 70 to 73, inclusive, in their entirety

In line 74, strike "(5)" and insert "(4)" in lieu thereof

In line 96, strike "or" and after "action" insert the following:

"; or (6) apply to a common law or statutory claim for bodily injury or wrongful death, except the exclusion provided in this subdivision shall not apply to claims for (A) emotional distress unrelated to bodily injury or wrongful death or conjoined with a cause of action other than for bodily injury or wrongful death, or (B) defamation, libel or slander. The provisions of this subdivision shall not prohibit a plaintiff who brings a claim for bodily injury or wrongful death from filing a special motion to dismiss a counterclaim under the provisions of this section. "