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AL SB526

Bill

Status

Introduced

4/17/2012

Primary Sponsor

Scott Beason

Click for details

Origin

Senate

Regular Session 2012

AI Summary

  • Creates the Drug Dealer Liability Act establishing a civil cause of action against persons who knowingly participate in the illegal drug market and cause damages to others.

  • Allows parents, legal guardians, children, spouses, siblings, prenatal drug-exposed individuals, employers, medical facilities, insurers, and government entities to recover economic damages, noneconomic damages, punitive damages, and attorney fees from drug distributors or market participants.

  • Permits individual drug users to sue only if they disclose all drug sources to law enforcement more than six months before filing, remain drug-free for six months before filing, and stay drug-free throughout the action; they may only recover economic damages and attorney fees.

  • Establishes four levels of offenses with corresponding "target communities" ranging from a single state house district (Level 1) to the entire state (Level 4), determining which defendants can be sued based on drug user activity location and offense severity.

  • Imposes a two-year statute of limitations; allows plaintiffs to attach defendant assets pending judgment; applies contributory negligence principles to reduce drug user damages proportionally; and permits stays of civil actions during related criminal investigations or prosecutions.

Legislative Description

Drug Dealer Liability Act, civil actions by family member, employer or other person injured by drug user, damages, contributory negligence principles apply

Civil Procedure

Last Action

Judiciary third Amendment Offered

5/9/2012

Committee Referrals

Judiciary4/17/2012

Full Bill Text

No bill text available