S-4062               _______________________________________________

                                                   SENATE BILL NO. 4916

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senator Halsan

Read first time 1/23/86 and referred to Committee on Judiciary.

AN ACT Relating to awards of exemplary damages under certain circumstances; adding a new section to chapter 4.24 RCW; and creating a new section.

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:

          In civil actions regarding the following, involving aggravating circumstances, either in the act or in the intention, the trier of the fact may award additional damages including punitive damages to the victim, either to deter such wrongdoing or as further compensation for his or her mental anguish and harm or physical injury:

          (1) Where injury or death has been caused by the actions of an individual driving a motor vehicle while under the influence of alcohol;

          (2) Where a person has been sexually abused while a client or patient of a professional person licensed by the state of Washington;

          (3) Where the tort of outrage has been committed;

          (4) Where an insurance company has engaged in bad faith conduct; and

          (5) Where a person has been subject to discrimination or malicious harassment as a member of a protected class as defined under chapter 49.60 RCW.

NEW SECTION. Sec. 2.     This act shall apply to all claims arising after the effective date of this act and to all claims in which suit has not been filed on the underlying action before the effective date of this act.

NEW SECTION. Sec. 3.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.