MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Lee

AN ACT TO BE KNOWN AS THE "MISSISSIPPI DRUG DEALERS' LIABILITY ACT"; TO ENACT LEGISLATIVE FINDINGS; TO ENACT DEFINITIONS; TO PRESCRIBE CIVIL DAMAGES FOR CERTAIN VIOLATIONS OF THE MISSISSIPPI UNIFORM CONTROLLED SUBSTANCES LAW; TO PROVIDE CIVIL DAMAGES TO A PARENT OR GUARDIAN AS AGAINST A PERSON UNLAWFULLY DELIVERING CONTROLLED SUBSTANCES TO THE PARENT OR GUARDIANS'S CHILD OR WARD; TO PROVIDE A MECHANISM FOR RECOVERY BY HOSPITALS TREATING A PATIENT FOR ILLEGAL DRUG USE; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. This act shall be known as the "Mississippi Drug Dealers' Liability Act."

SECTION 2. (1) The Legislature finds that the abuse of controlled substances:

(a) Greatly increases incidents involving crimes of violence and threats of crimes of violence;

(b) Causes death or severe and often irreversible injuries to newborn children;

(c) Accounts for the commission of the majority of property crimes committed within this state;

(d) Causes motor vehicle, job-related and numerous other types of accidents that frequently result in death or permanent injuries;

(e) Contributes to the disintegration of the family;

(f) Interferes with the duty of parents and legal guardians to provide for the physical, mental and emotional well-being of their unemancipated children and with the rights of parents and legal guardians to raise the children free from the physical, mental and emotional trauma that is caused by the abuse of controlled substances;

(g) Encourages and fosters the growth of gangs engaged in violent and nonviolent crime;

(h) Furthers the interests of elements of organized criminals;

(i) Increases the dropout, truancy and failure rates of children attending schools within this state;

(j) Stifles educational opportunities for both drug users and nonusers;

(k) Contributes to the unemployment rate within this state;

(l) Reduces the productivity of employees, retards competitiveness within the established business community, and hinders the formation and growth of new businesses;

(m) Reduces the value of real property;

(n) Costs the citizens of this state billions of dollars in federal, state and local taxes for increased costs for law enforcement, welfare and education;

(o) Costs the citizens of this state billions of dollars in increased costs for consumer goods and services, insurance premiums and medical treatment;

(p) Hinders citizens from freely using public parks, streets, schools, forest preserves, playgrounds and other public areas; and

(q) Contributes to a lower quality of life and standard of living for the citizens of this state.

(2) The Legislature finds that, premises of subsection (1) considered, any violation of the Uniform Controlled Substances Law that involves the nonconsensual use of the real or personal property of another person, whether that person is an individual or a governmental or private entity representing a collection of individuals, is so injurious to the property interests and the well-being of that person that the violation gives rise to a cause of action sounding in tort. The Legislature also finds that the delivery of a controlled substance in violation of the Uniform Controlled Substances Law to an unemancipated minor under the age of eighteen (18) is so utterly reprehensible, and shows such wanton disregard of the physical, mental and emotional well-being of that minor, that the violation also gives rise to a cause of action sounding in tort. The Legislature further finds that although the damage a person suffers through the nonconsensual use of his property to facilitate such a violation or the damage a parent or legal guardian suffers as the result of the delivery to the minor of a substance in violation of the Uniform Controlled Substances Law is often subtle and incapable of precise articulation, that damage is nonetheless real and substantial. It is, therefore, the intent of the Legislature to create a cause of action with statutorily prescribed damages for the conduct described in this act.

SECTION 3. The following words and phrases shall have the meanings ascribed herein unless the context clearly requires otherwise:

(a) "Controlled substance" means any substance scheduled in Section 41-29-113 or 41-29-115, Mississippi Code of 1972.

(b) "Counterfeit substance" means a controlled substance or the container or labeling of a controlled substance that, without authorization, bears the trademark, trade name or other identifying mark, imprint, number, device or any likeness thereof of a manufacturer, distributor or dispenser other than the person who in fact manufactured, distributed or dispensed the substance.

(c) "Deliver" or "delivery" means the actual, constructive or attempted transfer or possession of a controlled substance, with or without consideration, whether or not there is an agency relationship.

(d) "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly, by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling of its container, except that the term does not include:

(i) By an ultimate user, the preparation or compounding of a controlled substance for his own use;

(ii) By a practitioner or his authorized agent under his supervision, the preparation, compounding, packaging or labeling of a controlled substance:

(A) As an incident to his administering or dispensing of a controlled substance in the course of his professional practice; or

(B) As an incident to lawful research, teaching or chemical analysis and not for sale; or

(iii) The preparation, compounding, packing or labeling of marihuana as an incident to lawful research, teaching or chemical analysis and not for sale.

(e) "Owner" means a person who has possession of or any interest whatsoever in the property involved.

(f) "Person" means an individual, a corporation, a government, a governmental subdivision or agency, a business trust, an estate, a trust, a partnership or association, or any other entity.

(g) "Production" means planting, cultivating, tending or harvesting.

(h) "Property" means real property, including things growing on, affixed to and found in land, and tangible or intangible personal property, including rights, services, privilege, interests, claims and securities.

SECTION 4. (1) A person who uses or causes to be used any property without the consent of the owner of that property to facilitate in any manner a violation of the Uniform Controlled Substances Law is liable to the owner for civil damages as set forth in this act.

(2) A person who delivers or causes to be delivered in violation of the Uniform Controlled Substances Law a controlled substance to an unemancipated minor under the age of eighteen (18) is liable to the parent or legal guardian of that minor as set forth in this act.

(3) A person who delivers or causes to be delivered in violation of the Uniform Controlled Substances Law a controlled substance to any person who subsequently requires medical attention or services due to the illegal drug use is liable to the provider or providers of those services for the cost of the medical attention or services.

(4) A person who knowingly delivers or causes to be delivered a controlled or counterfeit substance that is later involved in a transaction or activity that gives rise to a cause of action under subsection (1), (2) or (3) of this section is liable under subsection (1), (2) or (3), as the case may be, in the same manner and amount as the person or persons whose conduct gives immediate rise to the cause of action.

SECTION 5. (1) The damages to which an owner of property is entitled under subsection (1) of Section 4 of this act shall be based on the maximum punishment prescribed under the Uniform Controlled Substances Law that involves the nonconsensual use of his property in an amount as follows:

(a) When the property is used to facilitate the commission of a misdemeanor, no less than One Thousand Dollars ($1,000.00).

(b) When the property is used to facilitate the commission of a felony punishable by not more than one (1) year, no less than Two Thousand Dollars ($2,000.00).

(c) When the property is used to facilitate the commission of a felony punishable by not more than three (3) years, no less than Three Thousand Dollars ($3,000.00).

(d) When the property is used to facilitate the commission of a felony punishable by not more than ten (10) years, no less than Ten Thousand Dollars ($10,000.00).

(e) When the property is used to facilitate the commission of a felony punishable by not more than twenty (20) years, not less than Fifteen Thousand Dollars ($15,000.00).

(f) When the property is used to facilitate the commission of a felony punishable by not more than thirty (30) years, no less than Twenty Thousand Dollars ($20,000.00).

(2) The damages to which a parent or legal guardian is entitled under subsection (2) of Section 4 of this act shall be based on the unlawful delivery under the Uniform Controlled Substances Law as follows:

(a) When the amount delivered is less than one (1) ounce of marihuana, no less than One Thousand Five Hundred Dollars ($1,500.00).

(b) When the amount delivered is less than one (1) kilogram but more than one (1) ounce of marihuana, no less than Five Thousand Dollars ($5,000.00).

(c) In the case of a controlled substance classified in Schedule I or II and punishable by up to ten (10) years, no less than Fifteen Thousand Dollars ($15,000.00).

(d) In the case of a controlled substance classified in Schedule I or II and punishable by more than ten (10) years, no less than Twenty-five Thousand Dollars ($25,000.00).

(3) In addition to the amounts set forth in subsections (1) and (2), the owner of the property bringing a cause of action under subsection (1), other than a government or a governmental subdivision or agency, or the parent or legal guardian of the minor bringing a cause of action under subsection (2), may be entitled to receive punitive damages.

(4) The damages to which a provider of medical services is entitled under subsection (3) of section (4) of this act shall be twice the usual and customary charge for those services.

(5) A party prevailing in a cause of action brought under this act is entitled to reasonable attorney's fees in addition to damages awarded under subsections (1), (2) and (3) of this section.

SECTION 6. Persons subject to liability under Section 4 of this act are jointly and severally liable.

SECTION 7. The prosecuting attorney of any government or governmental subdivision or agency may move for a stay of any proceeding brought under this act, to include all discovery, pending the completion of an investigation or prosecution of a case related to the subject matter of a suit brought under this act.

SECTION 8. The remedies provided by this act are in addition to any other remedies provided by law.

SECTION 9. This act shall take effect and be in force from and after July 1, 1997.