BP BHEAD INT S [atlas:bill]

AN ACT Relating to limiting actions for damages by certain persons; adding a new chapter to Title 4 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) Insurance costs have skyrocketed for those Washingtonians who have taken responsibility for their actions. Uninsured motorists, drunk drivers, and criminal felons are lawbreakers, and should not be rewarded for their irresponsibility and lawbreaking. However, under current laws, uninsured motorists and drunk drivers are able to recover unreasonable damages from law-abiding citizens as a result of drunk driving and other accidents, and criminals have been able to recover damages from law-abiding citizens for injuries suffered during the commission of their crimes.

(2) The legislature finds that a system that rewards individuals who fail to take essential personal responsibility must be changed to prevent irresponsible persons from seeking unreasonable damages or from suing law-abiding citizens.

(3) The legislature intends to restore balance to our justice system by limiting the right to sue of criminals, drunk drivers, and uninsured motorists.

NEW SECTION. Sec. 2. In an action for damages based on negligence, a person may not recover any damages if the plaintiff's injuries were in any way proximately caused by the plaintiff's commission of a felony, or immediate flight from a felony, and the plaintiff has been duly convicted of that felony.

NEW SECTION. Sec. 3. (1) Except as provided in subsection (3) of this section, in an action to recover damages arising out of the operation or use of a motor vehicle, a person may not recover noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages if either or both of the following apply:

(a) The injured person was at the time of the accident operating the vehicle in violation of RCW 46.61.502 and was convicted of that offense; or

(b) The injured person was the owner of a vehicle involved in the accident, the injured person has been cited in the past for not having proof of liability insurance and the citation was not dismissed under RCW 46.30.020, and the vehicle was not insured at the time of the accident as required by chapter 46.30 RCW or could not establish financial responsibility as required by chapter 46.29 RCW and RCW 46.30.020.

(2) Except as provided in subsection (3) of this section, an insurer is not liable, directly or indirectly, under a policy of liability or uninsured motorists coverage to indemnify for noneconomic losses of a person injured as described in subsection (1) of this section.

(3) If a person described in subsection (1)(b) of this section was injured by a motorist who at the time of the accident was operating the motorist's vehicle in violation of RCW 46.61.502, and was convicted of that offense, the injured person is not barred from recovering noneconomic losses to compensate for pain, suffering, inconvenience, physical impairment, disfigurement, and other nonpecuniary damages.

NEW SECTION. Sec. 4. 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.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 4 RCW.