HOUSE AMENDMENT
    hbd-08                                     Bill No. CS/HB 1879
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Brutus offered the following:
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13         Amendment 
14         On page 92, line 26, through page 93, line 7,
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  
18         (b)  Where the fact finder determines that the wrongful
19  conduct proven under this section was motivated by
20  unreasonable financial gain and determines that the
21  unreasonably dangerous nature of the conduct, together with
22  the high likelihood of injury resulting from the conduct, was
23  actually known by the managing agent, director, officer, or
24  other person responsible for making policy decisions on behalf
25  of the defendant, punitive damages may be awarded to punish
26  the defendant and deter such conduct. There shall be no cap on
27  punitive damages awarded under this paragraph; however, the
28  finder of fact shall be instructed that any punitive damage
29  award shall not bankrupt a defendant or create unreasonable
30  financial hardship. In making this determination, the fact
31  finder shall consider the following:
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    File original & 9 copies    04/25/01                          
    hbd0016                     06:14 pm         01879-0108-841473


                                                   HOUSE AMENDMENT
    hbd-08                                     Bill No. CS/HB 1879
    Amendment No. ___ (for drafter's use only)
 1         1.  The nature, extent, and degree of misconduct by the
 2  defendant;
 3         2.  The defendant's financial resources, including net
 4  worth, revenues, expenses, and any other relevant financial
 5  information; and
 6         3.  Any other circumstances and mitigating factors
 7  which may affect the amount of punitive damages, including the
 8  assessment of punitive damages against the defendant in any
 9  prior case involving the same conduct.
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    File original & 9 copies    04/25/01                          
    hbd0016                     06:14 pm         01879-0108-841473