Amendment ASA1-SB447

LRBs0627/1

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2005 - 2006 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2005 SENATE BILL 447

March 7, 2006 - Offered by Representative Gundrum.

SB447-ASA1,1,2 An Act to renumber and amend 895.85 (3); and to create 895.85 (3) (a), 895.85 (3) (b) and 895.85 (6) of the statutes; relating to: punitive damage awards.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB447-ASA1, s. 1 Section 1. 895.85 (3) of the statutes is renumbered 895.85 (3) (intro.) and amended to read:

SB447-ASA1,1,7 895.85 (3) (intro.) The plaintiff may receive punitive damages if evidence is submitted showing that the defendant acted maliciously toward the plaintiff or in an intentional disregard of the rights of the plaintiff. did any of the following:

SB447-ASA1, s. 2 Section 2. 895.85 (3) (a) of the statutes is created to read:

SB447-ASA1,1,10 895.85 (3) (a) Acted with the intent to cause injury to a particular person or persons.

SB447-ASA1, s. 3 Section 3. 895.85 (3) (b) of the statutes is created to read:

SB447-ASA1,2,2 895.85 (3) (b) Knew that the defendant's action that resulted in injury to one or more persons was practically certain to result in injury to one or more persons.

SB447-ASA1, s. 4 Section 4. 895.85 (6) of the statutes is created to read:

SB447-ASA1,2,9 895.85 (6) Unavailable defense. A voluntarily produced intoxicated or drugged condition is not a defense to liability for punitive damages if, had the actor not been in that intoxicated or drugged condition, he or she would have known that his or her action that resulted in injury to one or more persons, done while in the intoxicated or drugged condition, was practically certain to result in injury to one or more persons.

SB447-ASA1, s. 5 Section 5. Initial applicability.

SB447-ASA1,2,12 (1) This act first applies to actions that occur on the effective date of this subsection.

SB447-ASA1,2,13 (End)