SB 1065: Damages; increasing maximum limitation on compensation for noneconomic loss. Effective date. - Oklahoma

Proposed Policy Committee Substitute 1 → Floor (Senate) · 5 edits

MODERATE

This bill fundamentally changes Oklahoma's noneconomic damages cap system by removing the $350,000/$500,000 limit for cases involving gross negligence, fraud, or intentional misconduct. The new version allows unlimited noneconomic damages when defendants are found to have acted with reckless disregard, gross negligence, fraud, or malice, while maintaining the cap for ordinary negligence cases. This represents a significant shift in liability protection for defendants in medical and other negligence cases.

Scope change

The bill expands the scope of unlimited damages to include cases previously subject to caps, specifically those involving gross negligence, fraud, or intentional misconduct. It also clarifies that the cap applies only to jury trials after factual findings are made.

ELIGIBILITY

Changed the damages cap from $350,000/$500,000 to unlimited for cases involving reckless disregard, gross negligence, fraud, or intentional misconduct

REQUIREMENT

Added requirement that unlimited damages only apply after judge and jury find by clear and convincing evidence that defendant's conduct met specific fault standards

TIMELINE

Changed effective date from November 1, 2011 to November 1, 2025

DEFINITION

Added specific definitions for 'reckless disregard of another's rights' requiring willful and wanton conduct with high probability of serious harm

ENFORCEMENT

Added provision prohibiting jury instructions about damages limits in cases where unlimited damages may apply

Engrossed → Proposed Policy Committee Substitute 1 · 5 edits

MODERATE

This bill was completely rewritten by the Policy Committee to increase the maximum noneconomic damages cap from $350,000 to $500,000, remove the requirement for special jury findings in certain cases, and eliminate jury instructions about damage limits when defendants acted with malice or gross negligence. The effective date was also updated from November 1, 2011 to November 1, 2025.

Scope change

The bill's scope was expanded by removing restrictions on when juries can be informed about damage limits and by increasing the monetary cap for noneconomic damages.

REQUIREMENT

Removed the requirement that judges and juries must find by clear and convincing evidence that defendant conduct was reckless, grossly negligent, fraudulent, or intentional before the higher damage cap applies.

Eliminated the requirement for special jury interrogatories to separately identify economic and noneconomic damages in certain cases.

Removed the prohibition on informing juries about damage limits when defendants acted with malice or gross negligence.

TIMELINE

Changed the effective date from November 1, 2011 to November 1, 2025.

FISCAL

Increased the maximum noneconomic damages cap from $350,000 to $500,000.

Introduced → Engrossed · 4 edits · Mar 24, 2025

MODERATE

SB 1065 was amended to update the effective date of the noneconomic damages cap from November 1, 2011 to November 1, 2025, and to correct a formatting error where two dates were listed together in the original version. The bill also adds a new Section 2 to explicitly state the effective date and includes signature lines for the House of Representatives.

Scope change

No substantive change to the scope of the bill; the amendments are primarily technical corrections to dates and formatting.

TIMELINE

The effective date for the noneconomic damages cap was changed from November 1, 2011 to November 1, 2025, likely to align with the current legislative session or to allow for additional review.

REQUIREMENT

A new Section 2 was added to explicitly state that the act becomes effective on November 1, 2025.

TECHNICAL

A duplicate date entry ('November 1, 2011 November 1, 2025') in the original text was corrected to only show the new effective date.

Signature lines for the Presiding Officer of the House of Representatives were added to the engrossed version.

Damages; increasing maximum limitation on compensation for noneconomic loss. Effective date.

What changed between versions

How they voted

Actions timeline

Sponsors