Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 154 (2025GS)

Sponsor

Rep. Stoddard, Andrew

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies provisions of the Victim Services Restricted Account; and
• requires, after a set date, that the state's portion of punitive damage payments that are received in certain driving under the influence cases are deposited into the Victims Services Restricted Account.

Every vote on this bill

Bill text

5
63M-7-219
78B-8-201
0
Punitive Damages Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Andrew Stoddard
Senate Sponsor: Stephanie Pitcher
LONG TITLE
General Description:
This bill modifies provisions related to punitive damages.
Highlighted Provisions:
This bill:
modifies provisions of the Victim Services Restricted Account; and
requires, after a set date, that the state's portion of punitive damage payments that is 
received in certain driving under the influence cases are deposited into the Victims 
Services Restricted Account.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63M-7-219
, as enacted by Laws of Utah 2023, Chapter 150
78B-8-201
, as last amended by Laws of Utah 2011, Chapter 79
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63M-7-219
 is amended to read:
63M-7-219
. Victim Services Restricted Account -- Funding -- Uses.
(1)
There is created in the General Fund a restricted account known as the "Victim Services 
Restricted Account."
(2)
The Victim Services Restricted Account is funded by:
(a)
money appropriated to the account by the Legislature;
(b)
money deposited from a judgment in favor of the state pursuant to the requirements 
of Section 
78B-8-201
;
(b)
(c)
gifts, donations, or grants from private entities or individuals; and
(c)
(d)
interest earned on money in the account.
(3)
Subject to appropriation, the Legislature shall use the funds in the Victim Services 
Restricted Account to fund services for victims, including using funds for:
(a)
services provided by Children's Justice Centers;
(b)
services for sexual assault and domestic violence victims;
(c)
services recommended by the Utah Victim Services Commission under Section 
63M-7-804
; or
(d)
any administrative costs associated with implementing victim services.
Section 2, Section 
78B-8-201
 is amended to read:
78B-8-201
. Basis for punitive damages awards -- Section inapplicable to DUI 
cases or providing illegal controlled substances -- Division of award with state -- Deposit 
of state judgment payments.
(1)
(a)
Except as otherwise provided by statute, punitive damages may be awarded only 
if compensatory or general damages are awarded and it is established by clear and 
convincing evidence that the acts or omissions of the tortfeasor are the result of 
willful and malicious or intentionally fraudulent conduct, or conduct that manifests a 
knowing and reckless indifference toward, and a disregard of, the rights of others.
(b)
The limitations, standards of evidence, and standards of conduct of Subsection 
(1)(a)
do not apply to any claim for punitive damages arising out of the tortfeasor's:
(i)
operation of a motor vehicle or motorboat while voluntarily intoxicated or under 
the influence of any drug or combination of alcohol and drugs as prohibited by 
Section 
41-6a-502
;
(ii)
causing death of another person by providing or administering an illegal 
controlled substance to the person under Section 
78B-3-801
; or
(iii)
providing an illegal controlled substance to any person in the chain of transfer 
that connects directly to a person who subsequently provided or administered the 
substance to a person whose death was caused in whole or in part by the substance.
(c)
The award of a penalty under Section 
78B-3-108
 regarding shoplifting is not subject 
to the prior award of compensatory or general damages under Subsection 
(1)(a)
whether or not restitution has been paid to the merchant prior to or as a part of a civil 
action under Section 
78B-3-108
.
(2)
Evidence of a party's wealth or financial condition shall be admissible only after a 
finding of liability for punitive damages has been made.
(a)
Discovery concerning a party's wealth or financial condition may only be allowed 
after the party seeking punitive damages has established a prima facie case on the 
record that an award of punitive damages is reasonably likely against the party about 
whom discovery is sought and, if disputed, the court is satisfied that the discovery is 
not sought for the purpose of harassment.
(b)
Subsection 
(2)(a)
 does not apply to any claim for punitive damages arising out of the 
tortfeasor's:
(i)
operation of a motor vehicle or motorboat while voluntarily intoxicated or under 
the influence of any drug or combination of alcohol and drugs as prohibited by 
Section 
41-6a-502
;
(ii)
causing death of another person or causing a person to be addicted by providing 
or administering an illegal controlled substance to the person under Section 
78B-3-801
; or
(iii)
providing an illegal controlled substance to any person in the chain of transfer 
that connects directly to a person who subsequently provided or administered the 
substance to a person whose death was caused in whole or in part by the substance.
(3)
(a)
In any case where punitive damages are awarded, the court shall enter judgment as 
follows:
(i)
for the first $50,000, judgment shall be in favor of the injured party; and
(ii)
any amount in excess of $50,000 shall be divided equally between the state and 
the injured party, and judgment to each entered accordingly.
(b)
(i)
The actual and bona fide attorney fees and costs incurred in obtaining and 
collecting the judgment for punitive damages shall be considered to have been 
incurred by the state and the injured party in proportion to the judgment entered in 
each party's behalf.
(A)
The state and injured party shall be responsible for each one's proportionate 
share only.
(B)
The state is liable to pay its proportionate share only to the extent it receives 
payment toward its judgment.
(ii)
If the court awards attorney fees and costs to the injured party as a direct result of 
the punitive damage award, the state shall have a corresponding credit in a 
proportionate amount based on the amounts of the party's respective punitive 
damage judgments. This credit may be applied as an offset against the amount of 
attorney fees and costs charged to the state for obtaining the punitive damage 
judgment.
(c)
The state shall have all rights due a judgment creditor to collect the full amounts of 
both punitive damage judgments until the judgments are fully satisfied.
(i)
Neither party is required to pursue collection.
(ii)
In pursuing collection, the state may exercise any of its collection rights under 
Section 
63A-3-301
 et seq., Section 
63A-3-502
 et seq., and any other statutory 
provisions. Any amounts collected on these judgments by either party shall be 
held in trust and distributed as set forth in Subsection 
(3)(e)
.
(d)
Unless all affected parties, including the state, expressly agree otherwise, collection 
on the punitive damages judgment shall be deferred until all other judgments have 
been fully paid. Any payment by or on behalf of any judgment debtor, whether 
voluntary, by execution, or otherwise, shall be distributed and applied in the 
following order:
(i)
to the judgment for compensatory damage and any applicable judgment for 
attorney fees and costs;
(ii)
to the initial $50,000 of the punitive damage judgment;
(iii)
to any judgment for attorney fees and costs awarded as a direct result of the 
punitive damages; and
(iv)
to the remaining judgments for punitive damages.
(e)
Any partial payments shall be distributed equally between the state and injured party.
(f)
After the payment of attorney fees and costs, all amounts paid on the state's judgment 
shall be remitted
:
(i)
for an amount received on or before May 11, 2025,
 to the state treasurer to be 
deposited into the General Fund
.
; and
(ii)
for an amount received after May 11, 2025, to the state treasurer to be deposited 
into the Victims Services Restricted Fund established in Section 
63M-7-219
.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 4:15 PM