Senate Bill 863 Summary

• Amends Section 61.2 of Title 23 O.S. to modify limits on noneconomic damages in civil actions not arising out of contract by reducing the cap from $400,000 to $250,000.

• Removes prior statutory exceptions that allowed unlimited noneconomic damages in cases involving bodily injury with specific permanent injuries or severe defendant misconduct (gross negligence, fraud, intentional conduct).

• Establishes that a defendant's gross negligence or intentional/malicious conduct allows a jury to award noneconomic damages exceeding the $250,000 cap, with the court making independent findings of clear and convincing evidence.

• Clarifies that noneconomic damages are subjective, non-monetary losses including pain and suffering, emotional distress, loss of consortium, and mental anguish, but exclude exemplary damages.

• Becomes effective November 1, 2011, and repeals Section 25 of Chapter 228, O.S.L. 2009 regarding the Health Care Indemnity Fund.