H-1070.1  _______________________________________________

                          HOUSE BILL 1735

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Hurst, Ballasiotes, Lovick, Constantine, Campbell, McIntire, O'Brien, Cooper, Miloscia, Santos, Lantz, Stensen, Kagi, Regala, Bush and Kenney

Read first time 02/03/1999.  Referred to Committee on Judiciary.

Specifying punitive damages liability for driving while under the influence.

    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:

    (1) 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 shall determine the amount of any punitive damages.  No punitive damages shall be payable under any liability insurance contract covering the driver.

    (2) The court shall ensure that one-half of any punitive damages collected is deposited in the public safety and education account under RCW 43.08.250, to be appropriated for crime victims' compensation.  No fees or costs may be paid out of the portion of punitive damages to be deposited in the public safety and education account.  No agreement for the payment of attorneys' fees may calculate fees against a base that includes the portion of punitive damages to be deposited in the public safety and education account, and any agreement to the contrary is void as against public policy and unenforceable.

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