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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8340.13 of Title 42 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 8340.13. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Operating costs." The costs associated with an increase in
the insurance premium of a policy used to cover attorney fees,
court costs or other expenses of litigation.
* * *
Section 2. Sections 8340.16(f)(4) and 8340.18(a) of Title
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42, added July 17, 2024 (P.L.836, No.72), are amended to read:
§ 8340.16. Pretrial motion.
* * *
(f) Exceptions to stay.--During a stay under subsection (e),
all of the following apply:
* * *
(4) A party may move to recover attorney fees, court
costs [and], expenses of litigation and damages for present
or future operating costs incurred by the party under section
8340.18 (relating to awards).
§ 8340.18. Awards.
(a) Party asserting immunity.--If a cause of action based on
protected public expression is commenced against a party, all of
the following apply:
(1) If the party is immune under section 8340.15
(relating to grant of immunity), the court:
(i) shall award the party attorney fees, court costs
and expenses of litigation jointly and severally against
each adverse party that asserted the cause of action[.];
and
(ii) may award the party damages for present or
future operating costs incurred by the party as a result
of the cause of action jointly and severally against each
adverse party that asserted the cause of action.
(2) If the party asserts protected public expression
immunity and the opposing party voluntarily discontinues the
action under Pa.R.C.P. No. 230 (relating to voluntary
nonsuit), with or without prejudice, the court:
(i) shall award the asserting party attorney fees,
court costs and expenses of litigation jointly and
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severally against each adverse party that asserted the
cause of action[.]; and
(ii) may award the asserting party damages for
present or future operating costs incurred by the
asserting party as a result of the cause of action
jointly and severally against each adverse party that
asserted the cause of action.
* * *
Section 3. This act shall take effect in 60 days.
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