HB1260 (2010) Detail

(New Title) authorizing enhanced compensatory damages for injury or death caused by operation of a motor vehicle after consumption of alcohol.


HB 1260 – AS AMENDED BY THE HOUSE

03Mar2010… 0768h

2010 SESSION

10-2258

03/04

HOUSE BILL 1260

AN ACT authorizing enhanced compensatory damages for injury or death caused by operation of a motor vehicle after consumption of alcohol.

SPONSORS: Rep. Nixon, Hills 17; Rep. McEachern, Rock 16; Rep. Leishman, Hills 3

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill permits juries to award enhanced compensatory damages to victims when the defendant has been found guilty of aggravated driving while intoxicated and the jury finds that the defendant’s conduct was wanton, reckless, or grossly negligent.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0768h

10-2258

03/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT authorizing enhanced compensatory damages for injury or death caused by operation of a motor vehicle after consumption of alcohol.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Enhanced Compensatory Damages. Amend RSA 265-A by inserting after section 3 the following new section:

265-A:3-a Enhanced Compensatory Damages. In an action for civil damages where the defendant caused injury or death by the operation of a motor vehicle after consuming or using alcohol and as a result has pled or been found guilty of aggravated driving while intoxicated the jury may be instructed that if they find that the defendant’s conduct was wanton, reckless, or grossly negligent, they may award enhanced compensatory damages to the victim or victims of such conduct.

2 Effective Date. This act shall take effect January 1, 2011.