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AL HB358

Bill

Status

Engrossed

2/17/2010

Primary Sponsor

Tommy Sherer

Click for details

Origin

House of Representatives

Regular Session 2010

AI Summary

  • Establishes a civil cause of action for damages against persons convicted of manufacturing, distributing, or transporting controlled substances (Schedules I-V) under Alabama law.

  • Permits parents, legal guardians, children, spouses, or siblings of a deceased person to sue if the controlled substance was actually used by and was the proximate cause of death of their relative.

  • Plaintiffs may recover economic damages (pecuniary losses) and noneconomic damages including pain and suffering, emotional distress, mental anguish, loss of companionship, and consortium.

  • Defendants cannot use assumption of risk or contributory negligence as a defense based on the deceased's use of the controlled substance.

  • Civil actions must be filed within two years of entry of a guilty plea or final judgment of conviction and exhaustion of all appeals; law enforcement officers conducting official investigations are exempt from liability.

Legislative Description

Civil action for damages against convicted drug dealers for death of individual, established

Civil Procedure

Last Action

Read for the first time and referred to the Senate committee on Judiciary

3/11/2010

Committee Referrals

Judiciary3/11/2010
Judiciary1/19/2010

Full Bill Text

No bill text available