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Committee approves SB 463 after amendment defining 'wrongful conduct' for negligence claims
Summary
SB 463, which limits recovery in negligence for persons who committed certain wrongful conduct and includes provisions on negligent security and unauthorized aliens, was amended to define 'wrongful conduct' and recommended favorably out of committee with recorded votes.
Senate Bill 463 was introduced to limit who may recover damages in negligence claims, including provisions barring recovery by persons who committed criminal acts or certain torts and provisions related to negligent security and unauthorized aliens.
The chair presented an amendment to define "wrongful conduct." Under the amendment, wrongful conduct would include violations of federal law that constitute crimes; for state or local laws or ordinances it would qualify only if the conduct would be a felony or a class A or B misdemeanor. The reviser explained the change was intended to narrow the category of conduct that would bar recovery while preserving the bill's core intent (Reviser, SEG 150-161).
The amendment was moved (chair) and seconded (Senator Rose) and carried by voice vote. Senator Rose moved the committee report recommending passage as amended; the motion carried. Senator Haley asked that his no vote be recorded on the committee report (committee transcript records that Senator Haley asked to have his no vote recorded on the committee action for SB 463). The committee recommended SB 463 favorably out of committee as amended.
The committee did not debate additional policy details after the amendment vote; the bill will proceed to the full Senate with the committee report.
