S-4294.3  _______________________________________________

                         SENATE BILL 6733

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Senators Rossi, Roach, Stevens, Oke, Goings and T. Sheldon

Read first time 01/30/98.  Referred to Committee on Law & Justice.

Barring drunk drivers from recovering noneconomic damages.

    AN ACT Relating to limitations on recovery of noneconomic damages by drivers under the influence of alcohol or drugs; and adding new sections 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) 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 from law-abiding citizens.

    (2) The legislature intends to restore balance to our justice system by limiting the rights of drivers under the influence of drugs or alcohol to recover noneconomic damages.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.24 RCW to read as follows:

    In an action to recover damages arising out of the operation or use of a motor vehicle, a person who has been convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance, or a person who has been granted a deferred prosecution under chapter 10.05 RCW granted in a prosecution for a violation of RCW 46.61.502, 46.61.504, or an equivalent local ordinance, may not recover noneconomic losses to compensate for pain, suffering, inconvenience, and other nonpecuniary damages.

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