HB3023 - 104th General Assembly
REMEDIES AGAINST INTIMIDATION
House Sponsors
Rep. Dave Vella - Sharon Chung - Daniel Didech - Margaret Croke, Jennifer Gong-Gershowitz, Ann M. Williams, Bob Morgan, Emanuel "Chris" Welch, Robyn Gabel, Terra Costa Howard, Katie Stuart, Natalie A. Manley, Eva-Dina Delgado, Matt Hanson, Michael J. Kelly, Martha Deuter, Angelica Guerrero-Cuellar, Tracy Katz Muhl, Gregg Johnson, Joyce Mason and Martin J. Moylan
Statutes Amended In Order of Appearance
New Act
Synopsis As Introduced
Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons threatened by intimidation by threat of violence. Provides that if a plaintiff prevails in an action, the court shall award actual damages, including, but not limited to, emotional distress or $10,000 per defendant, whichever is greater. Provides that if a plaintiff prevails in the action, the court shall award the plaintiff reasonable attorney's fees and costs. Exempts statements concerning positions in a labor dispute that are made during otherwise lawful labor picketing. Provides that speech alone may not support an action brought under this Act, except upon a showing of all of the following: (i) the speech itself threatens violence against a specific person or group of persons; (ii) the person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property; (iii) the person threatening violence is acting in reckless disregard for the threatening nature of the speech; and (iv) the person threatening violence has the apparent ability to carry out the threat.
House Committee Amendment No. 1
Replaces everything after the enacting clause. Creates the Neighborhood Freedom from Intimidation Act. Creates a private cause of action for persons who have been threatened or intimidated by intentionally threatening leafletting. Creates a private cause of action for persons who have been threatened or intimidated by the intentional false reporting of a violent crime. Provides that if a plaintiff prevails in a private cause of action under the Act, the court may award all appropriate relief, including injunctive relief, monetary damages, reasonable attorney's fees and costs, or any other appropriate relief in law or equity. Provides that speech alone may not support a private cause of action brought under the Act, except upon a showing of specified conditions. Provides that the Act does not intend, nor allow, a private cause of actions to be brought for constitutionally protected activity.
Actions
Date | Chamber | Action |
---|---|---|
02/06/2025 | House | Filed with the Clerk by Rep. Margaret Croke |
02/06/2025 | House | First Reading |
02/06/2025 | House | Referred to Rules Committee |
02/24/2025 | House | Added Chief Co-Sponsor Rep. Sharon Chung |
03/04/2025 | House | Assigned to Judiciary - Civil Committee |
03/05/2025 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Margaret Croke |
03/05/2025 | House | House Committee Amendment No. 1 Referred to Rules Committee |
03/10/2025 | House | Added Chief Co-Sponsor Rep. Daniel Didech |
03/10/2025 | House | Added Co-Sponsor Rep. Jennifer Gong-Gershowitz |
03/11/2025 | House | House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee |
03/12/2025 | House | House Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote |
03/12/2025 | House | Do Pass as Amended / Short Debate Judiciary - Civil Committee; 013-006-000 |
03/12/2025 | House | Placed on Calendar 2nd Reading - Short Debate |
03/14/2025 | House | Added Co-Sponsor Rep. Ann M. Williams |
03/18/2025 | House | Added Co-Sponsor Rep. Bob Morgan |
03/18/2025 | House | Added Co-Sponsor Rep. Emanuel "Chris" Welch |
03/19/2025 | House | Second Reading - Short Debate |
03/19/2025 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
04/03/2025 | House | Added Co-Sponsor Rep. Robyn Gabel |
04/04/2025 | House | Added Co-Sponsor Rep. Terra Costa Howard |
04/07/2025 | House | Added Co-Sponsor Rep. Dave Vella |
04/07/2025 | House | Added Co-Sponsor Rep. Katie Stuart |
04/07/2025 | House | Added Co-Sponsor Rep. Natalie A. Manley |
04/07/2025 | House | Added Co-Sponsor Rep. Eva-Dina Delgado |
04/07/2025 | House | Added Co-Sponsor Rep. Matt Hanson |
04/07/2025 | House | Added Co-Sponsor Rep. Michael J. Kelly |
04/07/2025 | House | Added Co-Sponsor Rep. Martha Deuter |
04/07/2025 | House | Added Co-Sponsor Rep. Angelica Guerrero-Cuellar |
04/07/2025 | House | Added Co-Sponsor Rep. Tracy Katz Muhl |
04/07/2025 | House | Added Co-Sponsor Rep. Rick Ryan |
04/07/2025 | House | Added Co-Sponsor Rep. Mary Gill |
04/07/2025 | House | Added Co-Sponsor Rep. Gregg Johnson |
04/07/2025 | House | Removed Co-Sponsor Rep. Dave Vella |
04/07/2025 | House | Removed Co-Sponsor Rep. Rick Ryan |
04/09/2025 | House | Added Co-Sponsor Rep. Joyce Mason |
04/09/2025 | House | Chief Sponsor Changed to Rep. Dave Vella |
04/09/2025 | House | Added Chief Co-Sponsor Rep. Margaret Croke |
04/09/2025 | House | Added Co-Sponsor Rep. Martin J. Moylan |
04/10/2025 | House | Removed Co-Sponsor Rep. Mary Gill |
04/11/2025 | House | Rule 19(a) / Re-referred to Rules Committee |