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.