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S.B. 497 VETOES
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TRANSPORTED IN THE STATE BY THE DEFENDANT WAS ACTUALLY USED BY, AND
WAS THE PROXIMATE CAUSE OF THE DEATH OF, AN INDIVIDUAL.
3-1605.
A LAW ENFORCEMENT OFFICER WHO ACTS IN FURTHERANCE OF AN OFFICIAL
INVESTIGATION OR A PERSON WHO ACTS AT THE DIRECTION OR IN COOPERATION
WITH A LAW ENFORCEMENT OFFICER IN AN OFFICIAL INVESTIGATION IS NOT
LIABLE UNDER THIS SUBTITLE.
3-1606.
A PERSON ENTITLED TO BRING A CIVIL ACTION UNDER THIS SUBTITLE MAY
RECOVER ANY OR ALL OF THE FOLLOWING:
(1) ECONOMIC DAMAGES, INCLUDING THE COST OF TREATMENT AND
REHABILITATION, MEDICAL EXPENSES, LOSS OF ECONOMIC OR EDUCATIONAL
POTENTIAL, LOSS OF PRODUCTIVITY, ABSENTEEISM, SUPPORT EXPENSES,
ACCIDENTS OR INJURY, AND ANY OTHER PECUNIARY LOSS SUSTAINED BY THE
PLAINTIFF THAT WAS PROXIMATELY CAUSED BY THE DEATH OF AN INDIVIDUAL
FROM THE INDIVIDUAL'S UNLAWFUL USE OF A CONTROLLED DANGEROUS
SUBSTANCE; AND
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(2) NONECONOMIC DAMAGES, INCLUDING PHYSICAL AND EMOTIONAL
PAIN AND SUFFERING, PHYSICAL IMPAIRMENT, EMOTIONAL DISTRESS, MENTAL
ANGUISH, DISFIGUREMENT, LOSS OF ENJOYMENT, LOSS OF COMPANIONSHIP,
SERVICES AND CONSORTIUM, AND OTHER NONPECUNIARY LOSSES LOSS SUSTAINED
BY THE PLAINTIFF THAT WAS PROXIMATELY CAUSED BY AN THE DEATH OF AN
INDIVIDUAL FROM THE INDIVIDUAL'S UNLAWFUL USE OF A CONTROLLED
DANGEROUS SUBSTANCE; OR
(3) COURT COSTS AND REASONABLE ATTORNEYS FEES, INCLUDING
REASONABLE EXPENSES FOR EXPERT TESTIMONY.
3-1607.
A THIRD PARTY MAY NOT PAY DAMAGES AWARDED UNDER THIS SUBTITLE,
PROVIDE A DEFENSE, OR PROVIDE MONEY FOR A DEFENSE ON BEHALF OF AN
INSURED UNDER A CONTRACT OF INSURANCE OR INDEMNIFICATION. A DEFENDANT
IN AN ACTION UNDER THIS SUBTITLE MAY NOT RAISE A DEFENSE OF ASSUMPTION
OF RISK OR CONTRIBUTORY NEGLIGENCE BASED ON THE USE OF A CONTROLLED
DANGEROUS SUBSTANCE BY THE DECEASED INDIVIDUAL.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall be
construed only prospectively and may not be applied or interpreted to have any effect
on or application to any civil action for damages for the death of an individual from
the use, before the effective date of this Act, of a controlled dangerous substance.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 2000.
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May 18, 2000
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- 3908 -
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