HB 1771 — An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in particular rights and immunities, further providing for definitions, for pretrial motion and for awards.

PRINTER'S NO.     2179

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1771
                                               Session of
                                                 2025

     INTRODUCED BY WAXMAN, MAYES, HOHENSTEIN, FREEMAN, KHAN, SANCHEZ,
        MALAGARI, HILL-EVANS, GIRAL, D. WILLIAMS AND GREEN,
        JULY 29, 2025

     REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 4, 2025


                                    AN ACT
 1   Amending Title 42 (Judiciary and Judicial Procedure) of the
 2      Pennsylvania Consolidated Statutes, in particular rights and
 3      immunities, further providing for definitions, for pretrial
 4      motion and for awards.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 8340.13 of Title 42 of the Pennsylvania
 8   Consolidated Statutes is amended by adding a definition to read:
 9   § 8340.13.   Definitions.
10      The following words and phrases when used in this subchapter
11   shall have the meanings given to them in this section unless the
12   context clearly indicates otherwise:
13      * * *
14      "Operating costs."    The costs associated with an increase in
15   the insurance premium of a policy used to cover attorney fees,
16   court costs or other expenses of litigation.
17      * * *
18      Section 2.    Sections 8340.16(f)(4) and 8340.18(a) of Title
 1   42, added July 17, 2024 (P.L.836, No.72), are amended to read:
 2   § 8340.16.     Pretrial motion.
 3      * * *
 4      (f)   Exceptions to stay.--During a stay under subsection (e),
 5   all of the following apply:
 6            * * *
 7            (4)   A party may move to recover attorney fees, court
 8      costs [and], expenses of litigation and damages for present
 9      or future operating costs incurred by the party under section
10      8340.18 (relating to awards).
11   § 8340.18.     Awards.
12      (a)   Party asserting immunity.--If a cause of action based on
13   protected public expression is commenced against a party, all of
14   the following apply:
15            (1)   If the party is immune under section 8340.15
16      (relating to grant of immunity), the court:
17                  (i)    shall award the party attorney fees, court costs
18            and expenses of litigation jointly and severally against
19            each adverse party that asserted the cause of action[.];
20            and
21                  (ii)   may award the party damages for present or
22            future operating costs incurred by the party as a result
23            of the cause of action jointly and severally against each
24            adverse party that asserted the cause of action.
25            (2)   If the party asserts protected public expression
26      immunity and the opposing party voluntarily discontinues the
27      action under Pa.R.C.P. No. 230 (relating to voluntary
28      nonsuit), with or without prejudice, the court:
29                  (i)    shall award the asserting party attorney fees,
30            court costs and expenses of litigation jointly and

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1         severally against each adverse party that asserted the
2         cause of action[.]; and
3              (ii)   may award the asserting party damages for
4         present or future operating costs incurred by the
5         asserting party as a result of the cause of action
6         jointly and severally against each adverse party that
7         asserted the cause of action.
8     * * *
9     Section 3.    This act shall take effect in 60 days.




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