HB 513 seeks to amend Article 2 of Chapter 6 of Title 5 of the O.C.G.A., relating to appellate practice.

It revises subsection (a) of Code Section 5-6-34 by broadening the conditions under which an appeal may be taken to the Supreme Court or Court of Appeals to include “all judgments or orders entered pursuant to Code Section 9-11-11.1.” 

Code Section 9-11-11.1 is amended by specifying citizens’ rights not only to freedom of speech, but also that of petition. It requires that the Code Section shall be construed broadly. It further delineates that a claim for relief which could be construed as an act in furtherance of such aforementioned constitutional rights shall be subject to a motion to strike unless the court determines that the nonmoving party has established that the nonmoving party will prevail on the claim.

Subsection (2) is created to require that the court shall consider pleadings and both the supporting and opposing affidavits, and delineates specifications for if the plaintiff is a public figure.

Subsection (3) is created to require that the establishment of probability on behalf of the nonmoving party that he or she would prevail on the claim shall not function as evidence or be admissible at any late stage of the case.

Subsection (b.1) determines that a prevailing moving party on a motion to strike shall be granted recovery of attorney’s fees and expenses as determined by the court.

Subsections (3) and (4) broaden the term “act in furtherance of the person’s or entity’s right of petition of free speech under the Constitution… in connection with an issue of public interest or concern” to include any written or oral statement, writing, or petition made in a place open to the public with an issue of public interest or concern as well as any conduct in furtherance of the exercise of the constitutional right of petition or free speech, respectively. 

Subsection (g) asserts that the Code Section shall not apply to any action brought by the Attorney General or a prosecuting attorney, or a city attorney acting as a prosecutor, to enforce laws aimed at public protection.