H-1785.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1676

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Inslee, Winsley, R. Meyers, Dorn, Dellwo, Zellinsky, Jacobsen, Rasmussen and Sheldon).

Read first time February 20, 1991.  Establishing punitive liability for injury or wrongful death from driving while intoxicated.

     AN ACT Relating to punitive damages for wrongful death or personal injuries caused while driving under the influence of alcohol or drugs; and adding a new section to chapter 4.24 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

     A person who drives a motor vehicle while under the influence of intoxicating liquor or any drug and as a result of that condition proximately causes personal injury or wrongful death of a victim or victims may be liable for punitive damages in addition to damages otherwise recoverable.  The trier of fact may impose punitive damages up to the lesser of double the actual damages for which the defendant is responsible, or five thousand dollars, for each person entitled to recovery of damages.  No such punitive damages shall be payable under any liability insurance contract nor shall any liability for such punitive damages be imputed to any other person or entity.

     No portion of punitive damages awarded to the victim shall be paid in attorney fees and any agreement to the contrary is void as against public policy and unenforceable.