PRINTER'S NO. 509
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
464
Session of
2015
INTRODUCED BY ROEBUCK, KINSEY, MILLARD, KORTZ, SCHWEYER, BISHOP,
LONGIETTI, CALTAGIRONE, HARHAI, COHEN, THOMAS, GILLEN, MURT
AND KIRKLAND, FEBRUARY 12, 2015
REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 12, 2015
AN ACT
Imposing civil liability on persons participating in the illegal
drug market; providing for the recovery of damages by certain
persons; and establishing the procedure for bringing a
private action to recover damages.
TABLE OF CONTENTS
Section 1. Short title.
Section 2. Definitions.
Section 3. Imposition of liability for participation in illegal
drug market.
Section 4. Private actions by certain persons.
Section 5. Private actions by individual drug users.
Section 6. Indemnification prohibited.
Section 7. Determination of illegal drug market target
community.
Section 8. Joinder of parties.
Section 9. Comparative negligence.
Section 10. Right of contribution.
Section 11. Procedure at trial.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Section 12. Judgment procedure.
Section 13. Time for commencement of action.
Section 14. Representation for Commonwealth.
Section 15. Stay of action.
Section 16. Effective date.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Drug Dealer
Liability Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Defendant." A person against whom a private action is
brought under section 4 or 5.
"Illegal drug." A drug, the distribution of which is a
violation of the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
"Illegal drug market." The support system of illegal drug-
related operations, from production to retail sales, through
which an illegal drug reaches an individual drug user.
"Illegal drug market target community." The geographical
area described under section 7.
"Individual drug user." The person whose use of an illegal
drug serves as the basis of a private action brought under this
act.
"Level I offense." Possession of one-quarter ounce or more,
but less than four ounces, or distribution of less than one
ounce of a specified illegal drug, or possession of one pound or
20150HB0464PN0509 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
25 plants or more, but less than four pounds or 50 plants, or
distribution of less than one pound of marijuana.
"Level II offense." Possession of four ounces or more, but
less than eight ounces, or distribution of one ounce or more,
but less than two ounces, of a specified illegal drug, or
possession of four pounds or more or 50 plants or more, but less
than eight pounds or 75 plants, or distribution of more than one
pound but less than 10 pounds of marijuana.
"Level III offense." Possession of eight ounces or more, but
less than 16 ounces, or distribution of two ounces or more, but
less than four ounces, of a specified illegal drug or possession
of eight pounds or more or 75 plants or more, but less than 16
pounds or 100 plants, or distribution of more than five pounds
but less than 10 pounds of marijuana.
"Level IV offense." Possession of 16 ounces or more or
distribution of four ounces or more of a specified illegal drug
or possession of 16 pounds or more or 100 plants or more or
distribution of 10 pounds or more of marijuana.
"Participates in the illegal drug market." To distribute,
possess with an intent to distribute, commit an act intended to
facilitate the marketing or distribution of, or agree to
distribute, possess with an intent to distribute, or commit an
act intended to facilitate the marketing and distribution of an
illegal drug. The term does not include the purchase or receipt
of an illegal drug for personal use only.
"Period of illegal drug use." In relation to an individual
drug user, the time of first use by the individual of an illegal
drug to the accrual of the cause of action. The period of
illegal drug use is presumed to commence two years before the
cause of action accrues unless the defendant proves otherwise by
20150HB0464PN0509 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
clear and convincing evidence.
"Person." An individual, a governmental entity, corporation,
firm, trust, partnership or incorporated or unincorporated
association existing under or authorized by the laws of this
Commonwealth, another state or a foreign country.
"Place of illegal drug activity." In relation to an
individual drug user, each county where the individual possesses
or uses an illegal drug or where the individual resides, attends
school or is employed during the period of the illegal drug use
of the individual, unless the defendant proves otherwise by
clear and convincing evidence.
"Place of participation." In relation to a defendant in an
action which is brought under this act, each county where the
person participates in the illegal drug market or where the
person resides, attends school or is employed during the period
that the person participates in the illegal drug market.
"Plaintiff." A person or individual drug user who brings a
private action under section 4 or 5.
"Specified illegal drug." A drug, the distribution of which
is a violation of The Controlled Substance, Drug, Device and
Cosmetic Act.
Section 3. Imposition of liability for participation in illegal
drug market.
(a) General rule.--Except as provided for in subsection (b),
a person who knowingly participates in the illegal drug market
within this Commonwealth shall be liable for civil damages under
this act.
(b) Exception.--A law enforcement officer or agency, the
Commonwealth or a person acting at the lawful direction of a law
enforcement officer or agency of the Commonwealth may not be
20150HB0464PN0509 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
liable for civil damages under this act if the Commonwealth, the
officer, agency or person participates in the drug market solely
to further an official investigation.
Section 4. Private actions by certain persons.
(a) Persons entitled to recover.--One or more of the
following persons may bring a private action for civil damages
caused by use of an illegal drug by an individual drug user:
(1) A parent, legal guardian, child, spouse or sibling
of the individual drug user.
(2) An individual who was exposed to an illegal drug in
utero.
(3) An employer of the individual drug user.
(4) A medical facility, insurer, governmental entity,
employer or other entity that funds a drug treatment program
or employee assistance program for the individual drug user
or that otherwise expends money on behalf of the individual
drug user that is not to be repaid.
(b) Persons liable for civil damages.--A person entitled to
bring an action under this section may seek civil damages from
one or more of the following:
(1) A person who knowingly distributed or knowingly
participated in the chain of distribution of an illegal drug
that was actually used by the individual drug user.
(2) A person who knowingly participated in the illegal
drug market if:
(i) the place of the illegal drug activity by the
individual drug user is within the illegal drug market
target community of the defendant;
(ii) the defendant participated in the illegal drug
market and was connected with the same type of illegal
20150HB0464PN0509 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
drug used by the individual drug user; and
(iii) the defendant participated in the illegal drug
market at a time during the illegal drug use of the
individual drug user.
(c) Individuals not liable for civil damages.--An individual
who was exposed to an illegal drug in utero may not bring an
action against his or her natural mother.
(d) Elements of civil damages.--A person entitled to bring
an action under this section may recover all of the following
civil damages:
(1) Economic damages, including, but not limited to, the
cost of treatment and rehabilitation, medical expenses, loss
of economic or educational potential, loss of productivity,
absenteeism, support expenses, accidents or injury and other
pecuniary loss proximately caused by the use of an illegal
drug by an individual drug user.
(2) Noneconomic damages, including, but not limited to,
physical and emotional pain, suffering, physical impairment,
emotional distress, mental anguish, disfigurement, loss of
enjoyment, loss of companionship, services and consortium and
other nonpecuniary losses proximately caused by the use of an
illegal drug by an individual drug user.
(3) Exemplary damages.
(4) Reasonable attorney fees.
(5) Cost of suit, including, but not limited to,
reasonable expenses for expert testimony.
Section 5. Private actions by individual drug users.
(a) Conditions for bringing action.--An individual drug user
may bring and maintain a private action for damages caused by
the use of an illegal drug only if all of the following
20150HB0464PN0509 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
conditions are met:
(1) the individual drug user personally discloses to
narcotics enforcement authorities, more than six months
before bringing the action, all of the information known to
the individual drug user regarding the individual drug user's
source of illegal drugs;
(2) the individual drug user has not used an illegal
drug within the six months prior to filing the action; and
(3) the individual drug user does not use an illegal
drug throughout the pendency of the action.
(b) Persons against whom action may be brought.--An
individual drug user entitled to bring a private action under
this section may seek damages only from a person who distributed
or is in the chain of distribution of an illegal drug that was
actually used by the individual drug user.
(c) Elements of damages.--An individual drug user entitled
to bring an action under this section may recover only the
following damages:
(1) economic damages, including, but not limited to, the
cost of treatment, rehabilitation and medical expenses, loss
of economic or educational potential, loss of productivity,
absenteeism, accidents or injury and other pecuniary loss
proximately caused by the use of an illegal drug by the
individual drug user;
(2) reasonable attorney fees; and
(3) costs of suit, including, but not limited to,
reasonable expenses for expert testimony.
Section 6. Indemnification prohibited.
A third party shall neither pay damages awarded under this
act, nor provide a defense or money for a defense, on behalf of
20150HB0464PN0509 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
a person insured under a contract of insurance or
indemnification. Nothing in this act shall prevent a third party
from providing a defense or money for a defense to any officer,
agency, person or the Commonwealth covered under section 3(b).
Section 7. Determination of illegal drug market target
community.
A person whose participation in the illegal drug market
constitutes the following level offense shall be considered to
have the following illegal drug market target community:
(1) For a level I offense, the county where the place of
participation of the defendant is situated.
(2) For a level II offense, the target community
described in paragraph (1) along with all counties with a
border contiguous to the target community.
(3) For a level III offense, the target community
described in paragraph (2) plus all counties with a border
contiguous to the target community.
(4) For a level IV offense, the Commonwealth.
Section 8. Joinder of parties.
(a) Plaintiffs.--Two or more persons or individual drug
users may join in one private action under this act as
plaintiffs if their respective actions have at least one place
of illegal drug activity in common and if a portion of the
period of illegal drug use overlaps with the period of illegal
drug use for every other plaintiff.
(b) Defendants.--Two or more persons may be joined in one
private action under this act as defendants if the persons are
liable to at least one plaintiff.
(c) Common interest not required.--A plaintiff need not be
interested in obtaining and a defendant need not be interested
20150HB0464PN0509 - 8 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
in defending against all the relief demanded. Judgment may be
given for one or more plaintiffs according to their respective
civil damages.
Section 9. Comparative negligence.
(a) General rule.--A defendant in an action brought by an
individual drug user under section 5 may plead comparative
negligence as an affirmative defense against the individual drug
user. If proved under subsection (b), the comparative negligence
may not bar recovery but shall diminish the award of civil
damages to the individual drug user proportionally, according to
the measure of negligence attributed to the individual drug
user.
(b) Burden of proof.--The burden of proving the comparative
negligence of an individual drug user is on the defendant and
shall be shown by clear and convincing evidence.
(c) Negligence not attributed to certain plaintiffs.--
Comparative negligence may not be plead as an affirmative
defense attributed to a person who brings a private action under
section 4.
Section 10. Right of contribution.
A person subject to liability under this act has the right of
contribution set forth in 42 Pa.C.S. ยง 8324 (relating to right
of contribution) against another person subject to liability
under this act. The right of contribution may be plead either in
the private action brought under this act or by a separate
action brought for that purpose. A plaintiff may seek recovery
in accordance with this act and existing law against a person
against whom a defendant in the private action asserts a right
of contribution.
Section 11. Procedure at trial.
20150HB0464PN0509 - 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(a) Burden of proof.--Proof that a person participates in
the illegal drug market in an action brought under this act
shall be shown by clear and convincing evidence. Except as
otherwise provided in this act, other elements of the cause of
action shall be shown by a preponderance of the evidence.
(b) Effect of conviction for drug law violation.--A person
against whom recovery is sought under this act and who has been
convicted of a violation of the act of April 14, 1972 (P.L.233,
No.64), known as The Controlled Substance, Drug, Device and
Cosmetic Act, or the Comprehensive Drug Abuse Prevention and
Control Act of 1970 (Public Law 91-513, 84 Stat. 1236) shall be
estopped from denying that the person participates in the
illegal drug market. A conviction under Federal or State law set
forth in this subsection also shall be prima facie evidence that
the person participates in the illegal drug market during the
two years preceding the date of an act giving rise to the
conviction.
(c) Absence of conviction not a bar.--The absence of a
conviction under Federal or State law set forth in subsection
(b) of a person against whom recovery is sought does not bar a
private action under this act against the person.
Section 12. Judgment procedure.
(a) Prejudgment attachment.--A plaintiff subject to
subsection (c) may request an ex parte prejudgment attachment
order from the court against all assets of a defendant
sufficient to satisfy a potential award. If attachment is
instituted, a defendant is entitled to an immediate hearing.
Attachment may be lifted if the defendant demonstrates that the
assets will be available for a potential award or if the
defendant posts a bond sufficient to cover a potential award.
20150HB0464PN0509 - 10 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(b) Exemption of property prohibited.--A defendant against
whom a judgment has been rendered under this act may not be
eligible to exempt a property, of whatever kind, from process to
levy or process to execute on the judgment.
(c) Property subject to forfeiture action.--Assets sought to
satisfy a judgment under this act that are named in a forfeiture
section or have been seized for forfeiture by a Federal or State
agency may not be used to satisfy a judgment unless and until
the assets have been released following the conclusion of the
forfeiture action or are released by the agency that seized the
assets.
Section 13. Time for commencement of action.
(a) General rule.--Except as otherwise provided in this
section, a private action under section 4 or 5 may not be
brought more than two years after the cause of action accrues. A
cause of action accrues under this act when a person who may
bring the private action under section 4 or 5 has reason to know
of the harm from illegal drug use that is the basis for the
private action and has reason to know that the illegal drug use
is the cause of the harm.
(b) Extension of time.--For a plaintiff who is an individual
drug user, the statute of limitations under this section shall
be tolled if the individual drug user becomes incapacitated by
the use of an illegal drug to the extent that the individual
cannot reasonably be expected to seek recovery under this act or
as otherwise provided for by law. For a defendant, the statute
of limitations under this section shall be tolled until six
months after the defendant is convicted of a violation of
Federal or State Law set forth in section 11(b).
(c) Claims antedating act.--The statute of limitations under
20150HB0464PN0509 - 11 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
subsection (a) for a private action based on a person who
participated in the illegal drug market prior to the effective
date of this act may not begin to run until the effective date
of this act.
Section 14. Representation for Commonwealth.
The Attorney General or a district attorney may represent the
Commonwealth or a political subdivision in a private action
brought under this act.
Section 15. Stay of action.
On motion by a governmental agency involved in an official
investigation or prosecution that involves the illegal drug
market plead in a private action under section 4 or 5, the
action shall be stayed until completion of the criminal
investigation or prosecution that gave rise to the motion.
Section 16. Effective date.
This act shall take effect in 60 days.
20150HB0464PN0509 - 12 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16