Okla. Stat. Ann. tit. 63, §§ 2-421 to 2-435

Okla. Stat. Ann. tit. 63, §§ 2-421 to 2-435 – Drug Dealer Liability Act

§63-2-421.  Short title.

This act shall be known and may be cited as the "Drug Dealer Liability Act".

Added by Laws 1994, c. 179, § 1, eff. Sept. 1, 1994.

§63-2-422.  Definitions.

As used in the Drug Dealer Liability Act:

1.  "Illegal drug" means a drug whose distribution is a violation of state law;

2.  "Illegal drug market" means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches the user;

3.  "Illegal drug market target community" is the area described under Section 7 of this act;

4.  "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this act;

5.  "Level one offense" means possession of one quarter (1/4) ounce or more, but less than four (4) ounces, or distribution of less than one (1) ounce of a specified illegal drug, or possession of one (1) pound or twenty-five plants or more, but less than four (4) pounds or fifty plants, or distribution of less than one (1) pound of marijuana;

6.  "Level two offense" means possession of four (4) ounces or more, but less than eight (8) ounces, or distribution of one (1) ounce or more, but less than two (2) ounces, of a specified illegal drug, or possession of four (4) pounds or more or fifty plants or more, but less than eight (8) pounds or seventy-five plants, or distribution of more than one (1) pound but less than ten (10) pounds of marijuana;

7.  "Level three offense" means possession of eight (8) ounces or more, but less than sixteen (16) ounces, or distribution of two (2) ounces or more, but less than four (4) ounces, of a specified illegal drug or possession of eight (8) pounds or more or seventy-five plants or more, but less than sixteen (16) pounds or one hundred plants, or distribution of more than five (5) pounds but less than ten (10) pounds of marijuana;

8.  "Level four offense" means possession of sixteen (16) ounces or more or distribution of four (4) ounces or more of a specified illegal drug or possession of sixteen (16) pounds or more or one hundred plants or more or distribution of ten (10) pounds or more of marijuana;

9.  "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing and distribution of an illegal drug.  "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only;

10.  "Person" means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country;

11.  "Period of illegal drug use" means, in relation to the individual drug user, the time of first use by an individual of an illegal drug to the accrual of the cause of action.  The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues unless the defendant proves otherwise by clear and convincing evidence;

12.  "Place of illegal drug activity" means, in relation to the individual drug user, each county in which the individual possesses or uses an illegal drug or in which the individual resides, attends school, or is employed during the period of the illegal drug use of the individual, unless the defendant proves otherwise by clear and convincing evidence;

13.  "Place of participation" means, in relation to a defendant in an action brought under the Drug Dealer Liability Act, each county in which the person participates in the illegal drug market or in which the person resides, attends school, or is employed during the period of the participation in the illegal drug market by the person; and

14.  "Specified illegal drug" means cocaine, heroin, or methamphetamine and any other drug the distribution of which is a violation of state law.

Added by Laws 1994, c. 179, § 2, eff. Sept. 1, 1994.

§63-2-423.  Liability for civil damages.

A.  A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in the Drug Dealer Liability Act.  A person may recover damages under this act for injury resulting from use of an illegal drug by that person.

B.  A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency of the state is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.

Added by Laws 1994, c. 179, § 3, eff. Sept. 1, 1994.

§63-2-424.  Persons who may bring action - Persons liable - Damages recoverable.

A.  One or more of the following persons may bring an action for damages caused by use of an illegal drug by an individual:

1.  A parent, legal guardian, child, spouse, or sibling of the individual drug user;

2.  An individual who was exposed to an illegal drug in utero;

3.  An employer of the individual drug user; and

4.  A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.

B.  A person entitled to bring an action under this section may seek damages from one or more of the following:

1.  A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user;

2.  A person who knowingly participated in the illegal drug market if:

a.         the place of the illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant,

b.         the participation of the defendant in the illegal drug market was connected with the same type of illegal drug used by the individual user, and

c.         the defendant participated in the illegal drug market at any time during the illegal drug use of the individual user.

C.  A person entitled to bring an action under this section may recover all of the following damages:

1.  Economic damages including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;

2.  Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

3.  Exemplary damages;

4.  Reasonable attorney fees; and

5.  Cost of suit, including but not limited to, reasonable expenses for expert testimony.

Added by Laws 1994, c. 179, § 4, eff. Sept. 1, 1994.

§63-2-425.  Individual drug users who may bring action - Persons liable for damages - Damages recoverable.

A.  An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection.  An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met:

1.  The individual personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all the information known to the individual regarding their source of illegal drugs;

2.  The individual has not used an illegal drug within the six (6) months before filing the action; and

3.  The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.

B.  A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.

C.  A person entitled to bring an action under this section may recover only the following damages:

1.  Economic damages, including but not limited to the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and other pecuniary loss proximately caused by the person's illegal drug use;

2.  Reasonable attorney fees; and

3.  Costs of suit, including but not limited to reasonable expenses for expert testimony.

Added by Laws 1994, c. 179, § 5, eff. Sept. 1, 1994.

§63-2-426.  Third party payment of damages - Defense under contract of insurance - Indemnification - Prohibition.

A third party shall not pay damages awarded under the Drug Dealer Liability Act, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.

Added by Laws 1994, c. 179, § 6, eff. Sept. 1, 1994.

§63-2-427.  Drug market target community - Level of offense.

A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community:

1.  For a level one offense, the county in which the place of participation of the defendant is situated;

2.  For a level two offense, the target community described in paragraph 1 of this section along with all counties with a border contiguous to that target community;

3.  For a level three offense, the target community described in paragraph 2 of this section plus all counties with a border contiguous to that target community; and

4.  For a level four offense, the state.

Added by Laws 1994, c. 179, § 7, eff. Sept. 1, 1994.

§63-2-428.  Joinder of parties - Judgments.

A.  Two or more persons may join in one action under this act as plaintiffs if their respective actions have at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.

B.  Two or more persons may be joined in one action under the Drug Dealer Liability Act as defendants if those persons are liable to at least one plaintiff.

C.  A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded.  Judgment may be given for one or more plaintiffs according to their respective liabilities.

Added by Laws 1994, c. 179, § 8, eff. Sept. 1, 1994.

§63-2-429.  Comparative responsibility - Burden and standard of proof.

A.  An action by an individual drug user is governed by the principles of comparative responsibility.  Comparative responsibility attributed to the plaintiff does not bar recovery but diminishes the award of compensatory damages proportionally, according to the measure of responsibility attributed to the plaintiff.

B.  The burden of proving the comparative responsibility of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.

C.  Comparative responsibility shall not be attributed to a plaintiff who is not an individual drug user.

Added by Laws 1994, c. 179, § 9, eff. Sept. 1, 1994.

§63-2-430.  Right of contribution - Recovery by plaintiff.

A person subject to liability under this act has a right of action for contribution against another person subject to liability under the Drug Dealer Liability Act.  Contribution may be enforced either in the original action or by a separate action brought for that purpose.  A plaintiff may seek recovery in accordance with this act and existing law against a person whom a defendant has asserted a right of contribution.

Added by Laws 1994, c. 179, § 10, eff. Sept. 1, 1994.

§63-2-431.  Proof of participation in illegal drug market - Standard of proof - Prima facie evidence of participation.

A.  Proof of participation in the illegal drug market in an action brought under the Drug Dealer Liability Act shall be shown by clear and convincing evidence.  Except as otherwise provided in this act, other elements of the cause of action shall be shown by a preponderance of the evidence.

B.  A person against whom recovery is sought who has a criminal conviction pursuant to state drug laws or the Comprehensive Drug Abuse Prevention and Control Act of 1970 (Public Law 91-513, 84 Stat. 1236, codified at 21 U.S.C., Section 801 et seq.) is estopped from denying participation in the illegal drug market.  Such a conviction is also prima facie evidence of the participation of the person in the illegal drug market during the two (2) years preceding the date of an act giving rise to a conviction.

C.  The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.

Added by Laws 1994, c. 179, § 11, eff. Sept. 1, 1994.

§63-2-432.  Attachments of assets - Execution of judgment - Exempt property - Property seized by forfeiture.

A.  A plaintiff under the Drug Dealer Liability Act, subject to subsection C of this section, may request an ex parte prejudgment attachment order from the court against all assets of a defendant sufficient to satisfy a potential award.  If attachment is instituted, a defendant is entitled to an immediate hearing.  Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award of if the defendant posts a bond sufficient to cover a potential award.

B.  A person against whom a judgment has been rendered under the Drug Dealer Liability Act is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.

C.  Any assets sought to satisfy a judgment under the Drug Dealer Liability Act that are named in a forfeiture section or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

Added by Laws 1994, c. 179, § 12, eff. Sept. 1, 1994.

§63-2-433.  Limitation of action - Accrual of cause of action - Tolling.

A.  Except as otherwise provided in this section, a claim under the Drug Dealer Liability Act shall not be brought more than two (2) years after the cause of action accrues.  A cause of action accrues under the Drug Dealer Liability Act when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.

B.  For a plaintiff, the statute of limitations under this section is tolled when the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this act or as otherwise provided for by law.  For a defendant, the statute of limitations under this section is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense as otherwise provided for by law.

C.  The statute of limitations under the Drug Dealer Liability Act for a claim based on participation in the illegal drug market that occurred prior to the effective date of the Drug Dealer Liability Act does not begin to run until the effective date of this act.

Added by Laws 1994, c. 179, § 13, eff. Sept. 1, 1994.

§63-2-434.  Legal representation of state - Stay of action.

A.  A prosecuting attorney may represent the state or a political subdivision of the state in an action under the Drug Dealer Liability Act.

B.  On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this act shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for the stay of the action.

Added by Laws 1994, c. 179, § 14, eff. Sept. 1, 1994.

§63-2-435.  Interfamily tort immunity not altered.

The provisions of the Drug Dealer Liability Act are not intended to alter the law regarding interfamily tort immunity.

Added by Laws 1994, c. 179, § 15, eff. Sept. 1, 1994.