Ark. Code Ann. §§ 16-124-101 to 16-124-112

Ark. Code Ann. §§ 16-124-101 to 16-124-112 – Drug Dealer Liability Act

16-124-101.  Short title.

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

16-124-102.  Definitions.

  As used in this chapter:

   (1) "Illegal drug" means a drug whose distribution is a violation of the Uniform Controlled Substances Act, § 5-64-101 et seq.;

   (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 § 16-124-109;

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

   (5) "Level one offense" means:

      (A) Possession of one-quarter ounce (.25 oz.) or more but less than four ounces (4 ozs.), or distribution of less than one ounce (1 oz.), of a specified illegal drug; or

      (B) Possession of one pound (1 lb.) or twenty-five (25) plants or more but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;

   (6) "Level two offense" means:

      (A) Possession of four ounces (4 ozs.) or more but less than eight ounces (8 ozs.), or distribution of one ounce (1 oz.) or more but less than two ounces (2 ozs.), of a specified illegal drug; or

      (B) Possession of four pounds (4 lbs) or more or fifty (50) plants or more but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.) but less than ten pounds (10 lbs.), of marijuana;

   (7) "Level three offense" means:

      (A) Possession of eight ounces (8 ozs.) or more but less than sixteen ounces (16 ozs.), or distribution of two ounces (2 ozs.) or more but less than four ounces (4 ozs.), of a specified illegal drug; or

      (B) Possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more but less than sixteen pounds (16 lbs.) or one hundred (100) plants, or distribution of more than five pounds (5 lbs.) but less than ten pounds (10 lbs.), of marijuana;

   (8) "Level four offense" means:

      (A) Possession of sixteen ounces (16 ozs.) or more, or distribution of four ounces (4 ozs.) or more, of a specified illegal drug; or

      (B) Possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;

   (9)  (A) "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.

      (B) "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)  (A) "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.

      (B) 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 this chapter, 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."

16-124-103.      Liability in general.

(a)   A person may recover damages under this chapter for injury resulting from the use of an illegal drug by that person.

(b) A person who knowingly participates in the illegal drug market is liable for civil damages as provided for in this chapter.

(c)  (1) 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.

   (2) A third party, including an insurance company, shall not be required to pay damages awarded under this chapter, nor shall any person be vicariously liable for the act of another, nor shall a third party be made a party to any action brought under this chapter.

16-124-104.  Damages caused by illegal drug use -- Distribution.

  (a) One (1) or more of the following persons may bring an action in circuit court 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 (1) 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; or

   (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:

      (A) The cost of treatment and rehabilitation;

      (B) Medical expenses;

      (C) Loss of economic or educational potential;

      (D) Loss of productivity;

      (E) Absenteeism;

      (F) Support expenses;

      (G) Accidents or injury; and

      (H) Any other pecuniary loss proximately caused by the illegal drug use;

   (2) Noneconomic damages, including, but not limited to:

      (A) Physical and emotional pain;

      (B) Suffering;

      (C) Physical impairment;

      (D) Emotional distress;

      (E) Mental anguish;

      (F) Disfigurement;

      (G) Loss of enjoyment;

      (H) Loss of companionship, services, and consortium; and

      (I) Other nonpecuniary losses proximately caused by an individual's use of an illegal drug;

   (3) Exemplary damages;

   (4) Reasonable attorney's fees; and

   (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.

16-124-105.  Action by drug user prohibited -- Exceptions.

  (a)  (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 subsection.

   (2) 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:

      (A) 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 his source of illegal drugs;

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

      (C) 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:

      (A) The cost of treatment, rehabilitation, and medical expenses;

      (B) Loss of economic or educational potential;

      (C) Loss of productivity;

      (D) Absenteeism;

      (E) Accidents or injury; and

      (F) Other pecuniary loss proximately caused by the person's illegal drug use;

   (2) Reasonable attorney's fees; and

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

16-124-106.  Joinder.

  (a) Two (2) or more persons may join in one action under this chapter as plaintiffs if:

   (1) Their respective actions have at least one (1) place of illegal drug activity in common; and

   (2) Any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.

(b) Two (2) or more persons may be joined in one (1) action under this chapter as defendants if those persons are liable to at least one (1) plaintiff.

(c) A plaintiff need not be interested in obtaining and a defendant need not be interested in defending against all the relief demanded.

(d) Judgment may be given for one (1) or more plaintiffs according to their respective liabilities.

16-124-109.  Illegal drug market target community.

  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 subdivision (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 subdivision (2) of this section plus all counties with a border contiguous to that target community; and

   (4) For a level four (4) offense, anywhere.

16-124-110.  Attachment against assets.

  (a)  (1) A plaintiff under this chapter, 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.

   (2) If attachment is instituted, a defendant is entitled to an immediate hearing.

   (3) 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.

(b) A person against whom a judgment has been rendered under this chapter 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 this chapter 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.

16-124-111.  Statute of limitations.

  (a)  (1) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than three (3) years after the cause of action accrues.

   (2) A cause of action accrues under this chapter 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)  (1) 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 chapter or as otherwise provided for by law.

   (2) 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 this chapter for a claim based on participation in the illegal drug market that occurred prior to July 28, 1995, does not begin to run until July 28, 1995.

16-124-112.  Actions by state -- Stays of action.

  (a) The Attorney General may represent the state or a political subdivision of the state in an action under this chapter.

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