SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1202
Amendment No. ___ Barcode 481674
CHAMBER ACTION
Senate House
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11 Senator Smith moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 32, between lines 17 and 18, and
15 On page 108, between lines 27 and 28,
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17 insert:
18 (e) In any case in which the findings of fact support
19 an award of punitive damages pursuant to paragraph (b) or
20 paragraph (c), the clerk of the court shall refer the case to
21 the appropriate law enforcement agencies, to the state
22 attorney in the circuit where the long-term care facility that
23 is the subject of the underlying civil cause of action is
24 located, and, for multijurisdictional facility owners, to the
25 Office of the Statewide Prosecutor; and such agencies, state
26 attorney, or Office of the Statewide Prosecutor shall initiate
27 a criminal investigation into the conduct giving rise to the
28 award of punitive damages. All findings by the trier of fact
29 which support an award of punitive damages under this
30 paragraph shall be admissible as evidence in any subsequent
31 civil or criminal proceeding relating to the acts giving rise
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4:28 PM 04/25/01 s1202c3c-05e8m
SENATE AMENDMENT
Bill No. CS for CS for CS for SB 1202
Amendment No. ___ Barcode 481674
1 to the award of punitive damages under this paragraph.
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5 And the title is amended as follows:
6 On page 3, line 6, after the semicolon, and
7 On page 8, line 31, after the semicolon,
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9 insert:
10 providing for a criminal investigation with a
11 finding of liability for punitive damages under
12 certain circumstances; providing for the
13 admissibility of findings in subsequent civil
14 and criminal actions;
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