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H. 4462

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Delleney, W.D. Smith, Taylor, Clemmons and Simrill
Document Path: l:\council\bills\pt\1784ahb04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Civil actions, jury trials, punitive damages, to be conducted in a bifurcated trial

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/17/2003  House   Prefiled
  12/17/2003  House   Referred to Committee on Judiciary
   1/13/2004  House   Introduced and read first time HJ-83
   1/13/2004  House   Referred to Committee on Judiciary HJ-83

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/17/2003

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-33-140 SO AS TO PROVIDE FOR A BIFURCATED TRIAL IN CIVIL ACTIONS TRIED BEFORE A JURY WHEN PUNITIVE DAMAGES ARE SOUGHT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Chapter 33, Title 15 of the 1976 Code is amended by adding:

"Section 15-33-140.    (A)    A civil action tried before a jury and seeking punitive damages must be conducted in a bifurcated trial. Each phase of the trial must be conducted before the same jury.

(B)    In the first phase of the trial the jury shall:

(1)    determine and assign liability among the parties; and

(2)    award compensatory damages against the liable parties.

(C)    At the conclusion of the first phase of the trial, if the court determines that the conduct of the liable parties was wilful and wanton, the jury shall determine if punitive damages are warranted against the liable parties and the amount of punitive damages to be awarded during the second phase of the trial.

(D)    In determining the amount of punitive damages, the jury shall consider:

(1)    degree of culpability of the liable parties;

(2)    duration of the conduct;

(3)    awareness or concealment of the conduct by the liable parties;

(4)    existence of similar past conduct;

(5)    likelihood that an award will deter these or other parties from similar conduct;

(6)    whether the award is reasonably related to the harm likely to result from the conduct;

(7)    defendant's ability to pay; and

(8)    any other factor the court considers necessary for the jury to make an adequate and informed determination.

(E)    Upon motion of the liable party, the court shall conduct a post trial review, on the record, to ensure that an award is not grossly disproportionate to the severity of the offense or conduct."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor and applies to a cause of action arising on or after the effective date of this act.

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