Text: HF02201 Text: HF02203 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 668A.1, Code 2003, is amended to read 1 2 as follows: 1 3 668A.1 PUNITIVE OR EXEMPLARY DAMAGES. 1 4 1. In a trial of a claim involving the request for 1 5 punitive or exemplary damages, the court shall instruct the 1 6 jury to answer special interrogatories or, if there is no 1 7 jury, shall make findings, indicating all of the following: 1 8 a. Whether, by a preponderance of clear,and convincing,1 9and satisfactoryevidence, the conduct of the defendant from 1 10 which the claim arose constituted willful and wanton disregard 1 11 for the rights or safety of another. 1 12 b. Whether the conduct of the defendant was directed 1 13 specifically at the claimant, or at the person from which the 1 14 claimant's claim is derived. 1 15 c. Whether, by a preponderance of clear and convincing 1 16 evidence, the conduct of the defendant from which the claim 1 17 arose constituted actual malice. 1 18 2. An award for punitive or exemplary damages shall not be 1 19 made unless the answer or finding pursuant to subsection 1, 1 20 paragraph "a", is affirmative. If such answer or finding is 1 21 affirmative, the jury, or court if there is no jury, shall fix 1 22 the amount of punitive or exemplary damages to be awarded, and 1 23 such damages shallbe ordered paid as follows:1 24a. If the answer or finding pursuant to subsection 1,1 25paragraph "b", is affirmative, the full amount of the punitive1 26or exemplary damages awarded shall be paid to the claimant.1 27b. If the answer or finding pursuant to subsection 1,1 28paragraph "b", is negative, after payment of all applicable1 29costs and fees, an amount not to exceed twenty-five percent of1 30the punitive or exemplary damages awarded may be ordered paid1 31to the claimant, with the remainder of the award to be ordered1 32paid into a civil reparations trust fund administered by the1 33state court administrator. Funds placed in the civil1 34reparations trust shall be under the control and supervision1 35of the executive council, and shall be disbursed only for2 1purposes of indigent civil litigation programs or insurance2 2assistance programs.2 33. The mere allegation or assertion of a claim for2 4punitive damages shall not form the basis for discovery of the2 5wealth or ability to respond in damages on behalf of the party2 6from whom punitive damages are claimed until such time as the2 7claimant has established that sufficient admissible evidence2 8exists to support a prima facie case establishing the2 9requirements of subsection 1, paragraph "a"not exceed two 2 10 hundred fifty thousand dollars, except upon a finding of 2 11 actual malice on the part of the defendant. 2 12 EXPLANATION 2 13 This bill relates to an award of punitive or exemplary 2 14 damages. 2 15 The bill provides that in a trial of a claim involving a 2 16 request for punitive or exemplary damages, the court shall 2 17 instruct the jury to answer special interrogatories, or, if 2 18 there is no jury, the court shall make findings to include a 2 19 finding of whether, by a preponderance of clear and convincing 2 20 evidence, the conduct of the defendant constituted actual 2 21 malice. In addition, the bill provides that an award of 2 22 punitive or exemplary damages shall not exceed $250,000, 2 23 except upon a finding of actual malice on the part of the 2 24 defendant. 2 25 LSB 5587YH 80 2 26 rh/pj/5
Text: HF02201 Text: HF02203 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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