|SB 0233||Creates cause of action for damages resulting from another's drug use|
|LR Number:||0029L.02I||Fiscal Note:||0029-02|
|Last Action:||01/24/01 - Second Read and Referred S Judiciary Committee||Journal page:||S137|
|Effective Date:||August 28, 2001|
SB 233 - This act creates a cause of action for any person who has suffered damages as a proximate result of another person's use of an illegal drug. The damages may be economic including medical bills and lost wages, noneconomic including physical and emotional distress, and attorney's fees.
A person entitled to bring the action may seek damages from any person who knowingly distributed the illegal drug or knowingly participated in the chain of distribution. Any person with a criminal drug conviction is estopped from denying participation in the illegal drug market during the two years preceding the date of the act which is the subject of the claim.
Any person against whom a judgment is obtained is not
eligible to exempt any property from execution of the judgment.
Any assets named in a forfeiture by a state or federal agency
shall not be used to satisfy the judgment, unless the assets have
been released. Upon motion by a governmental agency, an action
pursuant to this act shall be stayed until the completion of a
related criminal investigation or prosecution.