To amend chapter 195, RSMo, by adding thereto fifteen new sections relating to drug regulations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI,

AS FOLLOWS:

Section A. Chapter 195, RSMo, is amended by adding thereto fifteen new sections, to be known as sections 195.600, 195.603, 195.606, 195.609, 195.612, 195.615, 195.618, 195.621, 195.624, 195.627, 195.630, 195.633, 195.636, 195.639 and 195.642, to read as follows:

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

195.603. As used in the drug pusher liability act the following terms shall mean:

(1) "Illegal drug", a controlled substance distributed in violation of this chapter;

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

(3) "Level one offense", possession of one quarter ounce, but less than four ounces, or distribution of less than one ounce of a specified illegal drug, or possession of one pound or twenty-five plants, but less than four pounds or fifty plants, or distribution of less than one pound of marijuana;

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

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

(6) "Level four offense", possession of sixteen ounces or distribution of four ounces of a specified illegal drug or possession of sixteen pounds or one hundred plants or distribution of ten pounds of marijuana;

(7) "Participate in the illegal drug market", to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree 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;

(8) "Person", an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, or any other legal or commercial entity;

(9) "Place of participation", in relation to a defendant in an action brought under this 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 participation in the illegal drug market by the person.

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

2. 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 civil damages under this act, if participation in the illegal drug market is in furtherance of an official investigation.

195.609. 1. 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 because of that use.

2. 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.

3. 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, and any other pecuniary loss proximately caused by the individual's use of an illegal drug;

(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 loss 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.

195.612. 1. 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 section. An individual drug user may bring an action for damages caused by the use of an illegal drug if, and only if, all of the following conditions are met:

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

(2) The individual has not used any illegal drug within the six months before filing the action;

(3) The individual continues to remain free of the use of any illegal drug throughout the pendency of the action; and

(4) The individual signs an affidavit acknowledging that he has met the requirements of subdivisions (1) to (3) of this subsection.

2. 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.

3. 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 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.

195.615. A third party shall not pay damages awarded under this act or provide a defense, or money for a defense, on behalf of an insured under a contract of insurance or indemnification.

195.618. The illegal drug market target community shall be determined by the level of the offense, as follows:

(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 subdivision (1) of this section along with all in-state counties with a border contiguous to that target community;

(3) For a level three offense, the target community described in subdivision (2) of this section plus all in-state counties with a border contiguous to that target community; and

(4) For a level four offense, the state.

195.621. 1. Two or more persons may join as plaintiffs in one action under this act against a defendant 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 is concurrent with the period of illegal drug use for every other plaintiff.

2. Two or more persons may be joined in one action under this act as defendants if those persons are liable to at least one plaintiff in common.

195.624. 1. 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.

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

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

195.627. A person subject to liability under this act has a right of action for contribution against another person subject to liability under this 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.

195.630. 1. Proof of participation in the illegal drug market in an action brought under this 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.

2. A person against whom recovery is sought who has a criminal conviction pursuant to sections 195.211, 195.212, 195.214, 195.218, 195.222 or 195.223 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 years preceding the date of an act giving rise to a conviction.

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

195.633. 1. A plaintiff under this act, subject to subsection 3 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 or if the defendant posts a bond sufficient to cover a potential award.

2. A person against whom a judgment has been rendered under this act is not eligible to exempt any property, of whatever kind, from levy or execution on the judgment.

3. Any assets sought to satisfy a judgment under this act that are named in a forfeiture action 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.

195.636. 1. Except as otherwise provided in this section, a claim under this act shall not be brought more than two years after the cause of action accrues. A cause of action accrues under this act when a person who may recover has suffered actual harm from illegal drug use and has reason to know that the illegal drug use is the cause of the harm.

2. 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 months after the defendant is convicted of a criminal drug offense or as otherwise provided for by law.

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

195.639. 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.

195.642. The provisions of this act shall not be construed to alter the law regarding intrafamily tort immunity.