SENATE
                       3rd Reading Unamended
                    April 4, 2011      SENATE
                Amended 2nd Reading
                       April 1, 2011First Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                REENGROSSED
                       This Version Includes All Amendments
                       Adopted in the House of Introduction
 LLS NO. 11-0688.01 Richard Sweetman     SENATE BILL 11-107
                   SENATE SPONSORSHIP
 Morse,
 
                    HOUSE SPONSORSHIP
 Barker,
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the recovery of noneconomic damages in a civil
            action concerning damages resulting from a DUI
            incident.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted.  If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            Current law imposes a $250,000 limit on noneconomic damages
       that may be recovered in a civil action.  The bill creates an exception to
       this limit for actions concerning damages resulting from alcohol-related
       or drug-related driving incidents.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  13-21-102.5 (2), (3) (a), and (3) (b), Colorado
       Revised Statutes, are amended, and the said 13-21-102.5 is further
       amended BY THE ADDITION OF A NEW SUBSECTION, to read:
            13-21-102.5.  Limitations on damages for noneconomic loss or
       injury.  (2)  As used in this section:
            (a)  "Alcohol-related or drug-related driving incident"
       means an incident in which a person who is driving under the
       influence of alcohol or one or more drugs, as described in
       section 42-4-1307 (2) (b), C.R.S., or driving while his or her ability
       is impaired, as described in section 42-4-1307 (2) (c), C.R.S., causes
       a loss or injury to another person.
            (a) (b)  "Derivative noneconomic loss or injury" means
       nonpecuniary harm or emotional stress to persons other than the person
       suffering the direct or primary loss or injury.
            (b) (c)  "Noneconomic loss or injury" means nonpecuniary harm
       for which damages are recoverable by the person suffering the direct or
       primary loss or injury, including pain and suffering, inconvenience,
       emotional stress, and impairment of the quality of life.  "Noneconomic
       loss or injury" includes a damage recovery for nonpecuniary harm for
       actions brought under section 13-21-201 or 13-21-202.
            (3) (a)  In any civil action other than Except for medical
       malpractice actions and actions concerning damages resulting
       from alcohol-related or drug-related driving incidents, in any
       civil action in which damages for noneconomic loss or injury may be
       awarded, the total of such damages shall not exceed the sum of two
       hundred fifty thousand dollars, unless the court finds justification by clear
       and convincing evidence therefor.  In no case except for actions
       concerning damages resulting from alcohol-related or
       drug-related driving incidents shall the amount of noneconomic loss
       or injury damages exceed five hundred thousand dollars.  The damages
       for noneconomic loss or injury in a medical malpractice action shall not
       exceed the limitations on noneconomic loss or injury specified in section
       13-64-302.
            (b)  In any civil action other than an action concerning
       damages resulting from an alcohol-related or drug-related
       driving incident, no damages for derivative noneconomic loss or injury
       may be awarded unless the court finds justification by clear and
       convincing evidence therefor.  In no case shall the amount of such
       damages exceed two hundred fifty thousand dollars.
            (7)  Notwithstanding the provisions of section 42-4-1713,
       C.R.S., a record of the conviction of any person, including a
       plea of guilty or nolo contendere, for any alcohol-related or
       drug-related traffic violation described in part 13 of article 4
       of title 42, C.R.S., shall be admissible in any court in any civil
       action seeking noneconomic damages caused by an
       alcohol-related or drug-related driving incident as prima facie
       evidence that the driver was driving under the influence of
       alcohol or drugs or driving while his or her ability was
       impaired by alcohol or drugs.
            SECTION 2.  13-20-806 (4) (a), Colorado Revised Statutes, is
       amended to read:
            13-20-806.  Limitation of damages.  (4) (a)  In an action asserting
       personal injury or bodily injury as a result of a construction defect in
       which damages for noneconomic loss or injury or derivative noneconomic
       loss or injury may be awarded, such damages shall not exceed the sum of
       two hundred fifty thousand dollars.  As used in this subsection (4),
       "noneconomic loss or injury" has the same meaning as set forth in section
       13-21-102.5 (2) (b) section 13-21-102.5 (2) (c), and "derivative
       noneconomic loss or injury" has the same meaning as set forth in section
       13-21-102.5 (2) (a) section 13-21-102.5 (2) (b).
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.