Page:United States Statutes at Large Volume 111 Part 1.djvu/245

 PUBLIC LAW 105-19-^JUNE 18, 1997 111 STAT. 221 (2) CONSTRUCTION. —Paragraph (1) does not create a cause of action for punitive damages and does not preempt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages, (f) EXCEPTIONS TO LIMITATIONS ON LIABILITY.— (1) IN GENERAL. —The limitations on the liability of a volunteer under this Act shall not apply to any misconduct that— (A) constitutes a crime of violence (as that term is defined in section 16 of title 18, United States Code) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); (C) involves a sexual offense, as defined by applicable State law, for which the defendant has been convicted in any court; "^ (D) involves misconduct for which the defendant has been found to have violated a Federal or State civil rights law; or (E) where the defendant was under the influence (as determined pursuant to applicable State law) of intoxicating alcohol or any drug at the time of the misconduct. (2) RULE OF^ CONSTRUCTION. — Nothing in this subsection shall be construed to effect subsection (a)(3) or (e). SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (a) GENERAL RULE. — In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer's responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with subsection (b). (b) AMOUNT OF LIABILITY. — (1) IN GENERAL.— Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct proportion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount determined pursuant to the preceding sentence. (2) PERCENTAGE OF RESPONSIBILITY.— For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of responsibility of that defendant for the claimant's harm. SEC. 6. DEFINITIONS. For purposes of this Act: (1) ECONOMIC LOSS. —The term "economic loss" means any pecuniary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities) to the extent recovery for such loss is allowed under applicable State law. (2) HARM.—The term "harm" includes physical, nonphysical, economic, and noneconomic losses. 42 USC 14504. 42 USC 14505.

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