Ch. 280                                    2004 LAWS OF MARYLAND

REPORTS ON, COMMENTS ON, RULES ON, CHALLENGES, OPPOSES, OR IN ANY OTHER
WAY EXERCISES RIGHTS UNDER THE FIRST AMENDMENT OF THE U.S. CONSTITUTION
OR ARTICLE 10, ARTICLE 13, OR ARTICLE 40 OF THE MARYLAND DECLARATION OF
RIGHTS REGARDING ANY MATTER WITHIN THE AUTHORITY OF A GOVERNMENT
BODY.

(D)     A DEFENDANT IN AN ALLEGED SLAPP SUIT MAY MOVE TO:

(1)      DISMISS THE ALLEGED SLAPP SUIT, IN WHICH CASE THE COURT
SHALL HOLD A HEARING ON THE MOTION TO DISMISS AS SOON AS PRACTICABLE; OR

(2)      STAY ALL COURT PROCEEDINGS UNTIL THE MATTER ABOUT WHICH
THE DEFENDANT COMMUNICATED TO THE GOVERNMENT BODY OR THE PUBLIC AT
LARGE IS RESOLVED.

(E)     THIS SECTION:

(1)      IS APPLICABLE TO SLAPP SUITS NOTWITHSTANDING ANY OTHER
LAW OR RULE; AND

(2)      DOES NOT DIMINISH ANY EQUITABLE OR LEGAL RIGHT OR REMEDY
OTHERWISE AVAILABLE TO A DEFENDANT IN A SLAPP SUIT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed to apply only prospectively and may not be applied or interpreted to have
any effect on or application to any cause of action arising before the effective date of
this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2004.

Approved May 11, 2004.

CHAPTER 280
(House Bill 930)

AN ACT concerning

Qualified Immunity from Civil Liability - SLAPP Suits

FOR the purpose of granting qualified immunity from civil liability to a defendant in
a strategic lawsuit against public participation (SLAPP suit) who, when
communicating with a government body or the public at large, without
constitutional malice, exercises rights under the First Amendment of the U.S.
Constitution or certain articles of the Maryland Declaration of Rights regarding
certain matters; describing certain elements of a SLAPP suit; allowing a
defendant in a SLAPP suit to move to dismiss the alleged SLAPP suit and
requiring the court to hold a hearing on the motion as soon as practicable;
allowing a defendant to file a motion to stay all court proceedings until the
underlying matter about which the defendant communicated is resolved;

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