THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, BARRAR, BOYD, CREIGHTON, CUTLER, FAIRCHILD, GINGRICH, GRELL, GROVE, KAUFFMAN, REED, ROCK, ROHRER, SIPTROTH, STERN AND VULAKOVICH, APRIL 7, 2009

REFERRED TO COMMITTEE ON INSURANCE, APRIL 7, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, in provisions relating to

particular rights and immunities, providing for limitations

on recovery of punitive damages.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 42 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 8372.  Limitations on recovery of punitive damages.

(a)  Standard for award.--In an action alleging damages for

death, for injury to person or property or for economic loss, a

plaintiff must establish a defendant's liability for punitive

damages beyond a reasonable doubt.

(b)  Distribution of award.--Following an award of punitive

damages, 80% of the amount awarded shall be paid directly to the

Medical Care Availability and Reduction of Error (Mcare) Fund.

(c)  Audit.--The Auditor General shall review collections and

expenditures made pursuant to subsection (b) and report its

findings to the General Assembly annually.

(d)  Exception.--The limitations contained in this section

shall not apply to an action alleging damages for death, injury

to person or property or economic loss where the action relates

to an incident or occurrence for which an individual has been

charged and convicted of a criminal act for which a period of

incarceration is or may be a part of the sentence.

Section 2.  This act shall apply to all pending actions in

which trial has not commenced on the effective date of this

section.

Section 3.  This act shall take effect immediately.