Attorney General No.

SA95RF0041

Secretary of State No.

694

Description

LIMITATION ON RECOVERY TO FELONS, UNINSURED MOTORISTS, DRUNK DRIVERS. INITIATIVE STATUTE. Denies all recovery of damages to a convicted felon whose injuries were proximately caused during the commission of the felony or immediate flight therefrom. Denies recovery for noneconomic damages (e.g., pain, suffering, disfigurement) to drunk drivers, if subsequently convicted, and to uninsured motorists who were injured while operating a vehicle. Provides exception when an uninsured motorist is injured by a subsequently convicted drunk driver. With this one exception, provides that insurer is not liable for noneconomic damages. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Reduction in these types of lawsuits could decrease court-related costs to state and local governments and payments to these plaintiffs. The savings would probably be minor. Possible decrease in gross premiums tax revenue to the state through somewhat lower premiums for liability coverage. This revenue loss would probably be less than $5 million annually and would result in a corresponding reduction in state school spending of about half of the loss.

Proponents

Chuck Quackenbush C/O: Charles H. Bell, Jr. Bell, Mcandrews & Hiltachk, 455 Capitol Mall, Suite 801, Sacramento, Ca 95814 (916) 442-7757

Date

1-2-1996

Document Type

Initiative

Qualified

Qualified

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