Section 59H of chapter 231 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking the first paragraph, and inserting in place thereof, the following:-

In any case in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party’s exercise of its right of petition under the constitution of the United States or of the Commonwealth, 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 as expeditiously as possible.  The court shall grant such special motion, if the party making the special motion demonstrates that the claims against it arise from it’s exercise of the right to petition unless the party against whom such special motion is made shows either that: (1) the claims against the moving party are based on a substantial basis or other than or in addition to the exercise of the moving parties constitutionally protected right to petition or (2) (a) that the moving party’s exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law and (b) the moving party’s acts caused actual injury to the responding party.  In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability of the defense is based.    

            Section 2.  Section 59H of chapter 231 of the general laws, as so appearing,  is hereby amended by striking the fifth paragraph and inserting in place thereof the following three paragraphs:-

            If the court grants such special motion to dismiss the court shall award the moving party any actual damages suffered as a result of the claim, as well as attorney’s fees and related costs incurred in defending against the claim and any related discovery matters.  The only exception to the use of attorney’s fees and costs as incurred by the movant shall be if the court shall find that in the totality, considering the complexity of the case, the skill of the attorney, and the claimed damages, said attorneys fees and costs are clearly excessive.   The court shall grant any pro-se party, not represented by an attorney, any actual damages suffered as a result of the claim and any related discovery matters so that the opposing party or parties do not receive a windfall from targeting those unable to secure legal representation.  The reasonable hours of effort expended by the pro se defendant when their special motion to dismiss is granted shall be judged considering the complexity of the case, the skill if the defense, and the claimed damages.  In deciding the value of the hours expended by a pro se party, the court shall take special notice of the billing rates of the opposing attorney or attorneys which, except for good cause, shall become the basis for compensating the effort of the pro se party.

            In addition, the Court shall double the award for any damages, legal fees, costs, or effort to a party from the time that they served their answer on the party bringing the claims against them where in said answer, for each claim against them, they assert the

activities that were the basis of the claim are constitutionally protected petitioning activity.  In lieu of said answer, they may serve a notice on the party bringing the claims against them which states for each claim against them the activities that were the basis of the claim are constitutionally protected petitioning activity.

            Nothing in this section shall affect or preclude the right of the moving party to any remedy otherwise authorized by law.  To facilitate the speedy resolution of any damage claim by a party whose special motion to dismiss granted they may file a claim for damages arising from having been targeted by said litigation anytime, but no later than 30 days following the granting of their special motion to dismiss in the same court where their special motion to dismiss was granted.  Any such claim shall then be promptly heard and decided.

Section 3.  The amended and new provisions of the Act shall apply to all claims, counter claims, and cross claims that have not been fully adjudicated on, or subsequent to, effective date of this act.  The party with a claim, counterclaim, and cross claim not fully adjudicated on the effective data of this act shall have 60 days in which to file supplemental cross claims which reflect the amended or new provisions added by these amendments and when so filed they shall be treated as having been timely filed in accordance with all rules of Civil or Appellate procedure.