It is enacted by the General Assembly as follows:

SECTION 1. Sections 9-33-2 and 9-33-3 of the General Laws in Chapter 9-33 entitled "Limits on Strategic Litigation Against Public Participation" are hereby amended to read as follows:

{ADD 9-33-2. ADD} {DEL Procedures. DEL} {ADD Conditional immunity. -- ADD} (a) {DEL In any case in which a party asserts that the civil claims, counterclaims, or cross -claims against said party are based on said DEL} {ADD A ADD} party's {DEL lawful DEL} exercise of {DEL its DEL} {ADD his or her ADD} right of petition or of free speech under the United States or Rhode Island {DEL constitutions DEL} {ADD Constitutions ADD} in connection with a matter of public concern {DEL , said party may bring a special motion to dismiss. The court shall advance any such special motion so that it may be heard and determined with as little delay as possible. The court shall grant such special motion if the moving party by the preponderance of the evidence shall demonstrate to the satisfaction of the court DEL} {ADD shall be conditionally immune from civil claims, counterclaims, or cross-claims. Such immunity will apply as a bar to any ADD} {DEL (a) that the DEL} {ADD civil ADD} claim, counterclaim {ADD , ADD} or cross-claim {DEL subject to the motion is an action involving DEL} {ADD directed at ADD} petition or free speech as defined in subsection (e) herein, {DEL and (b) that DEL} {ADD except if ADD} said {DEL moving party did not engage in a course of tortious conduct toward the party against whom such special motion is made. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability or defense is based. DEL} {ADD petition or free speech constitutes a sham. Petition or free speech constitutes a sham only if it is not genuinely aimed at procuring favorable government action, result or outcome, regardless of ultimate motive or purpose. Petition or free speech will be deemed to constitute a sham as defined in the previous sentence only if it is both:

(1) objectively baseless in the sense that no reasonable person exercising the right of speech or petition could realistically expect success in procuring such government action, result, or outcome, and

(2) subjectively baseless in the sense that it is actually an attempt to use the governmental process itself for its own direct effects. Use of outcome or result of the governmental process shall not constitute use of the governmental process itself for its own direct effects. ADD}

(b) The court shall stay all discovery proceedings in the action upon the filing of a {DEL special DEL} motion {DEL made under DEL} {ADD asserting the immunity established by ADD} this section; provided, however, that the court, on motion and after a hearing and for good cause shown, may order that specified discovery be conducted. The stay of discovery shall remain in effect until notice of entry of the order ruling on the {DEL special DEL} motion.

(c) {DEL Said special motion to dismiss may be filed within sixty (60) days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper. DEL} {ADD The immunity established by this section may be asserted by an appropriate motion or by other appropriate means under the applicable rules of civil procedure. ADD}

(d) If the court grants such {DEL special DEL} motion {DEL to dismiss, DEL} {ADD asserting the immunity established by this section, ADD} or if the party claiming lawful exercise of {DEL its DEL} {ADD his or her ADD} right of petition or of free speech under the United States or Rhode Island Constitution in connection with a matter of public concern is, in fact, the eventual prevailing party at trial, the court shall award the prevailing party costs and reasonable attorney's fees, including those incurred for the {DEL special DEL} motion and any related discovery matters. The court shall award compensatory damages and may award punitive damages upon a showing by the prevailing party that the responding party's claims, counterclaims, or cross-claims were frivolous or were brought with an intent to harass said party or otherwise inhibit said party's exercise of its right to petition or free speech under the United States or Rhode Island Constitution. Nothing in this section shall affect or preclude the right of the {DEL moving DEL} party {ADD claiming lawful exercise of his or her right of petition or of free speech under the United States or Rhode Island Constitutions ADD} to any remedy otherwise authorized by law.

(e) As used in this section, "a party's exercise of its right of petition or of free speech" shall mean any written or oral statement made before or submitted to a legislative, executive, or judicial body, or any other governmental proceeding; any written or oral statement made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other governmental proceeding; or any written or oral statement made in connection with an issue of public concern.

{ADD 9-33-3. Intervention. -- ADD} Any governmental agency or subdivision to which the {DEL moving DEL} party's {DEL acts DEL} {ADD petition or free speech ADD} were directed or the attorney general may intervene to defend or otherwise support the {DEL moving DEL} party {DEL on such special motion. DEL} {ADD claiming lawful exercise of its right of petition or of free speech under United States or Rhode Island Constitution. ADD}

SECTION 2. This act shall take effect upon passage.