Utah 2025 Regular Session

Utah House Bill HB0154 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 154
	1	+	02-27 17:06 1st Sub. (Buff) H.B. 154
	2	+	Brady Brammer proposes the following substitute bill:
2	3		1
3	4		Punitive Damages Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Andrew Stoddard
7	8		Senate Sponsor: Stephanie Pitcher
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies provisions related to punitive damages.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ modifies provisions of the Victim Services Restricted Account; and
22	23		9
23		-	▸ requires, after a set date, that the state's portion of punitive damage payments that is
	24	+	▸ requires, after a set date, that the state's portion of punitive damage payments that are
24	25		10
25	26		received in certain driving under the influence cases are deposited into the Victims
26	27		11
27	28		Services Restricted Account.
28	29		12
29	30		Money Appropriated in this Bill:
30	31		13
31	32		None
32	33		14
33	34		Other Special Clauses:
34	35		15
35	36		None
36	37		16
37	38		Utah Code Sections Affected:
38	39		17
39	40		AMENDS:
40	41		18
41	42		63M-7-219, as enacted by Laws of Utah 2023, Chapter 150
42	43		19
43	44		78B-8-201, as last amended by Laws of Utah 2011, Chapter 79
44	45		20
45	46
46	47		21
47	48		Be it enacted by the Legislature of the state of Utah:
48	49		22
49	50		Section 1. Section 63M-7-219 is amended to read:
50	51		23
51	52		63M-7-219 . Victim Services Restricted Account -- Funding -- Uses.
52	53		24
53	54		(1) There is created in the General Fund a restricted account known as the "Victim Services
54	55		25
55	56		Restricted Account."
56	57		26
57	58		(2) The Victim Services Restricted Account is funded by:
58	59		27
59	60		(a) money appropriated to the account by the Legislature;
60	61		28
61		-	(b) money deposited from a judgment in favor of the state pursuant to the requirements ~~H.B. 154 Enrolled Copy~~
	62	+	(b) money deposited from a judgment in favor of the state pursuant to the requirements
62	63		29
63	64		of Section 78B-8-201;
	65	+	1st Sub. H.B. 154 1st Sub. (Buff) H.B. 154 02-27 17:06
64	66		30
65	67		[(b)] (c) gifts, donations, or grants from private entities or individuals; and
66	68		31
67	69		[(c)] (d) interest earned on money in the account.
68	70		32
69	71		(3) Subject to appropriation, the Legislature shall use the funds in the Victim Services
70	72		33
71	73		Restricted Account to fund services for victims, including using funds for:
72	74		34
73	75		(a) services provided by Children's Justice Centers;
74	76		35
75	77		(b) services for sexual assault and domestic violence victims;
76	78		36
77	79		(c) services recommended by the Utah Victim Services Commission under Section
78	80		37
79	81		63M-7-804; or
80	82		38
81	83		(d) any administrative costs associated with implementing victim services.
82	84		39
83	85		Section 2. Section 78B-8-201 is amended to read:
84	86		40
85	87		78B-8-201 . Basis for punitive damages awards -- Section inapplicable to DUI
86	88		41
87	89		cases or providing illegal controlled substances -- Division of award with state -- Deposit
88	90		42
89	91		of state judgment payments.
90	92		43
91	93		(1)(a) Except as otherwise provided by statute, punitive damages may be awarded only
92	94		44
93	95		if compensatory or general damages are awarded and it is established by clear and
94	96		45
95	97		convincing evidence that the acts or omissions of the tortfeasor are the result of
96	98		46
97	99		willful and malicious or intentionally fraudulent conduct, or conduct that manifests a
98	100		47
99	101		knowing and reckless indifference toward, and a disregard of, the rights of others.
100	102		48
101	103		(b) The limitations, standards of evidence, and standards of conduct of Subsection (1)(a)
102	104		49
103	105		do not apply to any claim for punitive damages arising out of the tortfeasor's:
104	106		50
105	107		(i) operation of a motor vehicle or motorboat while voluntarily intoxicated or under
106	108		51
107	109		the influence of any drug or combination of alcohol and drugs as prohibited by
108	110		52
109	111		Section 41-6a-502;
110	112		53
111	113		(ii) causing death of another person by providing or administering an illegal
112	114		54
113	115		controlled substance to the person under Section 78B-3-801; or
114	116		55
115	117		(iii) providing an illegal controlled substance to any person in the chain of transfer
116	118		56
117	119		that connects directly to a person who subsequently provided or administered the
118	120		57
119	121		substance to a person whose death was caused in whole or in part by the substance.
120	122		58
121	123		(c) The award of a penalty under Section 78B-3-108 regarding shoplifting is not subject
122	124		59
123	125		to the prior award of compensatory or general damages under Subsection (1)(a)
124	126		60
125	127		whether or not restitution has been paid to the merchant prior to or as a part of a civil
126	128		61
127	129		action under Section 78B-3-108.
128	130		62
129	131		(2) Evidence of a party's wealth or financial condition shall be admissible only after a
130		-	- 2 - Enrolled Copy H.B. 154
131	132		63
132	133		finding of liability for punitive damages has been made.
	134	+	- 2 - 02-27 17:06 1st Sub. (Buff) H.B. 154
133	135		64
134	136		(a) Discovery concerning a party's wealth or financial condition may only be allowed
135	137		65
136	138		after the party seeking punitive damages has established a prima facie case on the
137	139		66
138	140		record that an award of punitive damages is reasonably likely against the party about
139	141		67
140	142		whom discovery is sought and, if disputed, the court is satisfied that the discovery is
141	143		68
142	144		not sought for the purpose of harassment.
143	145		69
144	146		(b) Subsection (2)(a) does not apply to any claim for punitive damages arising out of the
145	147		70
146	148		tortfeasor's:
147	149		71
148	150		(i) operation of a motor vehicle or motorboat while voluntarily intoxicated or under
149	151		72
150	152		the influence of any drug or combination of alcohol and drugs as prohibited by
151	153		73
152	154		Section 41-6a-502;
153	155		74
154	156		(ii) causing death of another person or causing a person to be addicted by providing
155	157		75
156	158		or administering an illegal controlled substance to the person under Section
157	159		76
158	160		78B-3-801; or
159	161		77
160	162		(iii) providing an illegal controlled substance to any person in the chain of transfer
161	163		78
162	164		that connects directly to a person who subsequently provided or administered the
163	165		79
164	166		substance to a person whose death was caused in whole or in part by the substance.
165	167		80
166	168		(3)(a) In any case where punitive damages are awarded, the court shall enter judgment as
167	169		81
168	170		follows:
169	171		82
170	172		(i) for the first $50,000, judgment shall be in favor of the injured party; and
171	173		83
172	174		(ii) any amount in excess of $50,000 shall be divided equally between the state and
173	175		84
174	176		the injured party, and judgment to each entered accordingly.
175	177		85
176	178		(b)(i) The actual and bona fide attorney fees and costs incurred in obtaining and
177	179		86
178	180		collecting the judgment for punitive damages shall be considered to have been
179	181		87
180	182		incurred by the state and the injured party in proportion to the judgment entered in
181	183		88
182	184		each party's behalf.
183	185		89
184	186		(A) The state and injured party shall be responsible for each one's proportionate
185	187		90
186	188		share only.
187	189		91
188	190		(B) The state is liable to pay its proportionate share only to the extent it receives
189	191		92
190	192		payment toward its judgment.
191	193		93
192	194		(ii) If the court awards attorney fees and costs to the injured party as a direct result of
193	195		94
194	196		the punitive damage award, the state shall have a corresponding credit in a
195	197		95
196	198		proportionate amount based on the amounts of the party's respective punitive
197	199		96
198	200		damage judgments. This credit may be applied as an offset against the amount of
199		-	- 3 - H.B. 154 Enrolled Copy
200	201		97
201	202		attorney fees and costs charged to the state for obtaining the punitive damage
	203	+	- 3 - 1st Sub. (Buff) H.B. 154 02-27 17:06
202	204		98
203	205		judgment.
204	206		99
205	207		(c) The state shall have all rights due a judgment creditor to collect the full amounts of
206	208		100
207	209		both punitive damage judgments until the judgments are fully satisfied.
208	210		101
209	211		(i) Neither party is required to pursue collection.
210	212		102
211	213		(ii) In pursuing collection, the state may exercise any of its collection rights under
212	214		103
213	215		Section 63A-3-301 et seq., Section 63A-3-502 et seq., and any other statutory
214	216		104
215	217		provisions. Any amounts collected on these judgments by either party shall be
216	218		105
217	219		held in trust and distributed as set forth in Subsection (3)(e).
218	220		106
219	221		(d) Unless all affected parties, including the state, expressly agree otherwise, collection
220	222		107
221	223		on the punitive damages judgment shall be deferred until all other judgments have
222	224		108
223	225		been fully paid. Any payment by or on behalf of any judgment debtor, whether
224	226		109
225	227		voluntary, by execution, or otherwise, shall be distributed and applied in the
226	228		110
227	229		following order:
228	230		111
229	231		(i) to the judgment for compensatory damage and any applicable judgment for
230	232		112
231	233		attorney fees and costs;
232	234		113
233	235		(ii) to the initial $50,000 of the punitive damage judgment;
234	236		114
235	237		(iii) to any judgment for attorney fees and costs awarded as a direct result of the
236	238		115
237	239		punitive damages; and
238	240		116
239	241		(iv) to the remaining judgments for punitive damages.
240	242		117
241	243		(e) Any partial payments shall be distributed equally between the state and injured party.
242	244		118
243	245		(f) After the payment of attorney fees and costs, all amounts paid on the state's judgment
244	246		119
245	247		shall be remitted:
246	248		120
247	249		(i) for an amount received on or before May 11, 2025, to the state treasurer to be
248	250		121
249	251		deposited into the General Fund[.] ; and
250	252		122
251	253		(ii) for an amount received after May 11, 2025, to the state treasurer to be deposited
252	254		123
253	255		into the Victims Services Restricted Fund established in Section 63M-7-219.
254	256		124
255	257		Section 3. Effective Date.
256	258		125
257	259		This bill takes effect on May 7, 2025.
258	260		- 4 -