***Lost***

AMENDMENT No. 5 PROPOSED TO

                             Committee Sub. for SB NO. 2016

                             By Senator(s) Bryan

     AMEND on line 355 by inserting after the word "damages" the following:  in excess of One Hundred Thousand Dollars ($100,000.00)

     FURTHER, AMEND  by deleting lines 373 through 387 and inserting in lieu thereof the following:

     (3)  In all civil actions where an entitlement to punitive damages shall have been established under applicable laws, the amount of an award of punitive damages in excess of One Hundred Thousand Dollars ($100,000.00) shall not exceed the greater of three (3) times the amount of the total compensatory damages awarded to the plaintiff in an action or Five Million Dollars ($5,000,000.00); however, if the defendant is an individual or a business with less than fifty (50) full-time employees, the amount of an award of punitive damages in excess of One Hundred Thousand Dollars ($100,000.00) shall not exceed two (2) times the amount of the plaintiff's compensatory damages or Two Million Dollars ($2,000,000.00) or three percent (3%) of such defendant's net worth, whichever is less, unless the finder of fact and court find by clear and convincing evidence that the defendant acted with criminal intent to cause serious physical bodily injury.  This restriction shall not be disclosed to the trier of fact, but shall be applied by the court to any punitive damages verdict.