HB 252: "An Act relating to punitive damages awarded in a civil action; and providing for an effective date."

00HOUSE BILL NO. 252 01 "An Act relating to punitive damages awarded in a civil action; and providing 02 for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 09.17.020 is amended to read: 05  Sec. 09.17.020. PUNITIVE DAMAGES. Punitive damages may not be 06 awarded in an action, whether in tort, contract, or otherwise, unless supported by clear 07 and convincing evidence of malice or conscious acts showing deliberate disregard 08 of another person by the person from whom the punitive damages are sought. 09 * Sec. 2. AS 09.17.020 is amended by adding new subsections to read: 10  (b) The amount of punitive damages awarded by a court or jury under (a) of 11 this section may not exceed three times the amount of compensatory damages awarded 12 or $250,000, whichever amount is greater. 13  (c) The limit under (b) of this section does not apply to punitive damages 14 awarded by a court or jury against a person who, as proven by a preponderance of the

01 evidence, was attempting to commit or committing a felony if the person bringing the 02 action was a victim of that offense and the offense substantially contributed to the 03 injury or death. In this subsection, "victim" has the meaning given in AS 12.55.185. 04  (d) If a person receives an award of punitive damages, the court shall require 05 that one-half of the award be deposited into the general fund of the state. This 06 subsection does not grant the state the right to file or join a civil action to recover 07 punitive damages. 08 * Sec. 3. APPLICABILITY. This Act applies to all causes of action accruing on or after 09 the effective date of this Act. 10 * Sec. 4. This Act takes effect July 1, 1995.