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Panel Hears Testimony on Bill to Redefine "Malice" and Remove DUI Carve‑Out for Exemplary Damages
Summary
The House Judiciary Committee heard competing testimony on Senate Bill 2290, which would insert a jury‑style definition of malice into statute and remove a five‑year DUI exception that can block exemplary damages claims.
The House Judiciary Committee heard testimony on Senate Bill 2290, which would (1) replace the current statutory phrase "actual malice" with a jury‑style definition of malice and (2) remove a statutory carve‑out that limits exemplary (punitive) damages in some DUI cases.
Supporters told the committee the bill brings statutory language in line with the jury instructions currently used by North Dakota courts and would allow juries to consider exemplary damages in DUI crashes regardless of prior DUI history. "Exemplary damages, also known as punitive damages, are financial compensation awarded to a plaintiff not just to compensate them for their actual loss, but to punish the defendant for particularly…
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