SB 240 - Torts - damages recoverable for cert.injury during felony, DUI, etc

First Reader Summary

A bill to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions relative to torts, so as to provide for denial or limitation on recovery of damages to certain persons injured while committing felonies, uninsured motorists, drivers injured while under the influence of alcohol or drugs, and motorists injured while driving with a suspended or revoked driver's license.

Brush, B. Joseph (24) Johnson, Eric B (1st) Cagle, Casey (49th)
Status Summary HC: SC: Judy LA: 02/07/97 S - Read 1st time
Page Numbers - 1/ 2
Code Sections - 51-1-6.1
Senate Action House
2/7/97 Read 1st time

SB 240 97                                          LC 19 3328 
 
      SENATE BILL 240 
 
      By:  Senators Brush of the 24th, Johnson of the 1st and 
           Cagle of the 49th 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 1 of Title 51 of the Official Code of 
  1- 2  Georgia Annotated, relating to general provisions relative 
  1- 3  to torts, so as to provide for denial or limitation on 
  1- 4  recovery of damages to certain persons injured while 
  1- 5  committing felonies, uninsured motorists, drivers injured 
  1- 6  while under the influence of alcohol or drugs, and motorists 
  1- 7  injured while driving with a suspended or revoked driver's 
  1- 8  license; to provide for related matters; to provide an 
  1- 9  effective date; to provide for applicability; to repeal 
  1-10  conflicting laws; and for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Chapter 1 of Title 51 of the Official Code of Georgia 
  1-14  Annotated, relating to general provisions relative to torts, 
  1-15  is amended by adding immediately following Code Section 
  1-16  51-1-6 a new Code Section 51-1-6.1 to read as follows: 
 
  1-17    "51-1-6.1. 
 
  1-18    (a) No person who has been convicted of a felony may 
  1-19    recover damages in a civil action in tort for any injury 
  1-20    proximately caused while such person was engaged in the 
  1-21    commission of such felony or while in immediate flight 
  1-22    therefrom. 
 
  1-23    (b) Except as provided in subsection (d) of this Code 
  1-24    section, in any civil action to recover damages arising 
  1-25    out of the operation or use of a motor vehicle, a person 
  1-26    shall not recover noneconomic losses to compensate for 
  1-27    pain, suffering, inconvenience, physical impairment, 
  1-28    disfigurement, or other nonpecuniary damages if any of the 
  1-29    following applies: 
 
  1-30      (1) The injured person was at the time of the accident 
  1-31      operating the vehicle in violation of Code Section 
  1-32      40-6-391 and was convicted of that offense; 
 
 
 
 
                                 -1- 
 
 
 
  2- 1      (2) The injured person was the owner and operator of a 
  2- 2      motor vehicle involved in the accident and the vehicle 
  2- 3      was not insured as required by the laws of this state; 
 
  2- 4      (3) The injured person was the operator of a motor 
  2- 5      vehicle involved in the accident and had a revoked or 
  2- 6      suspended driver's license. 
 
  2- 7    (c) Except as provided in subsection (d) of this Code 
  2- 8    section, an insurer shall not be liable directly or 
  2- 9    indirectly under a policy of liability or uninsured 
  2-10    motorist insurance to indemnify for noneconomic losses of 
  2-11    a person injured as described in subsection (b) of this 
  2-12    Code section. 
 
  2-13    (d) In the event a person described in paragraph (2) or 
  2-14    (3) of subsection (b) of this Code section was injured by 
  2-15    a motorist who at the time of the accident was operating 
  2-16    his or her vehicle in violation of Code Section 40-6-391 
  2-17    and was convicted of that offense, the injured person 
  2-18    shall not be barred from recovering noneconomic losses to 
  2-19    compensate for pain, suffering, inconvenience, physical 
  2-20    impairment, disfigurement, or other nonpecuniary damages." 
 
  2-21                           SECTION 2. 
 
  2-22  This Act shall become effective upon its approval by the 
  2-23  Governor or upon its becoming law without such approval and 
  2-24  shall be applicable to actions for injuries sustained after 
  2-25  such date. 
 
  2-26                           SECTION 3. 
 
  2-27  All laws and parts of laws in conflict with this Act are 
  2-28  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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