926.doc - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 South Carolina General Assembly 116th Session 2005-2006 S 926

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South Carolina General Assembly 116th Session, 2005-2006 S. 926 STATUS INFORMATION General Bill Sponsors: Senators Gregory, Ryberg, Martin, Verdin, Richardson, Bryant and Leatherman Document Path: l:\council\bills\ms\7587ahb05.doc Companion/Similar bill(s): 4154 Introduced in the Senate on June 2, 2005 Currently residing in the Senate Committee on Judiciary Summary: Noneconomic Damages for Civil Action Act of 2005; Punitive Damages for Civil Actions Act of 2005 HISTORY OF LEGISLATIVE ACTIONS Date Body Action Description with journal page number 6/2/2005 Senate Introduced and read first time SJ -14 6/2/2005 Senate Referred to Committee on Judiciary SJ -14 VERSIONS OF THIS BILL 6/2/2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30
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A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING THE EXISTING SECTIONS OF CHAPTER 38, TITLE 15 AS ARTICLE 1; BY ADDING ARTICLE 3, CHAPTER 38, TITLE 15 SO AS TO ENACT THE “SOUTH CAROLINA NONECONOMIC DAMAGES FOR CIVIL ACTIONS ACT OF 2005”, TO PROVIDE DEFINITIONS OF THE TERMS “ACTUAL ECONOMIC DAMAGES” AND “NONECONOMIC DAMAGES”, AND TO PROVIDE THAT A PREVAILING PARTY IN A CIVIL ACTION MAY RECOVER ACTUAL ECONOMIC DAMAGES AND NONECONOMIC DAMAGES NOT TO EXCEED THREE HUNDRED FIFTY THOUSAND DOLLARS; AND BY ADDING ARTICLE 5, CHAPTER 38, TITLE 15 SO AS TO ENACT THE “SOUTH CAROLINA PUNITIVE DAMAGES FOR CIVIL ACTIONS ACT OF 2005”, TO PROVIDE DEFINITIONS OF THE TERMS “COMPENSATORY DAMAGES”, “DEFENDANT”, “FRAUDULENT”, “MALICE”, “PUNITIVE DAMAGES”, AND “WILFUL OR INTENTIONAL CONDUCT”, TO PROVIDE FOR THE APPLICATION OF THE ARTICLE TO ALL CLAIMS FOR PUNITIVE DAMAGES AND TO PROVIDE AN EXCEPTION; TO PROVIDE THAT PUNITIVE DAMAGES MAY BE RECOVERED ONLY IF CERTAIN AGGRAVATING FACTORS EXIST; TO PROVIDE THAT PUNITIVE DAMAGES MUST BE DETERMINED AND STATED SEPARATELY FROM COMPENSATORY DAMAGES; TO PROVIDE THAT PUNITIVE DAMAGES ARE LIMITED TO NOT EXCEEDING THREE TIMES THE AMOUNT OF COMPENSATORY DAMAGES OR THREE HUNDRED FIFTY THOUSAND DOLLARS, WHICHEVER IS LESS; AND TO PROVIDE PROCEDURES FOR DETERMINING WHETHER PUNITIVE DAMAGES MAY BE AWARDED. [926] 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1
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Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. The existing sections of Chapter 38, Title 15 are designated as Article 1. SECTION 2.Chapter 38, Title 15 is amended by adding: "Article 3 Noneconomic Damages Section 15-38-310. This article may be cited as the South Carolina Noneconomic Damages for Civil Actions Act of 2005 . Section 15-38-320. As used in this article, unless the context clearly requires otherwise: (1) Actual economic damages means objectively verifiable pecuniary damages arising from loss of earnings and earning capacity, loss of income, medical expenses and medical care, rehabilitation services, custodial care, burial costs, loss of use of property, costs of repair or replacement of property, costs of obtaining substitute domestic services, loss of employment, loss of business or employment
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