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1997 SESSION

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971291655
SENATE BILL NO. 958 Offered January 17, 1997 A BILL to amend and reenact § 8.01-44.5 of the Code of Virginia, relating to exemplary damages; injuries caused by intoxicated driver; habitual offender. ---------- Patrons-- Edwards; Delegate: Griffith ---------- Referred to the Committee for Courts of Justice ----------

Be it enacted by the General Assembly of Virginia:

1. That § 8.01-44.5 of the Code of Virginia is amended and reenacted as follows:

§ 8.01-44.5. Exemplary damages for persons injured by intoxicated drivers; habitual offenders.

In any action for personal injury or death arising from the operation of a motor vehicle, engine or train, the finder of fact may, in its discretion, award exemplary damages to the plaintiff if the evidence proves that the defendant acted with malice toward the plaintiff or the defendant's conduct was so willful or wanton as to show a conscious disregard for the rights of others.

A defendant's conduct shall be deemed sufficiently willful or wanton as to show a conscious disregard for the rights of others when the evidence proves that:

1. (i) the The defendant had a blood alcohol concentration of 0.15 percent or more by weight by volume when the incident causing the injury or death occurred, (ii) at the time the defendant began, or during the time he was, drinking alcohol, he knew that he was going to operate a motor vehicle, engine or train and (iii) the defendant's intoxication was a proximate cause of the injury to or death of the plaintiff; or

2. The defendant had been adjudicated an habitual offender on the basis of at least one offense involving alcohol, drugs or a combination of alcohol and drugs and at the time of the incident causing injury or death the defendant's license to operate a motor vehicle was suspended or revoked as a result of that adjudication.