HB358 Alabama 2010 Session

Summary

Primary Sponsor

Tommy Sherer

Democrat

Co-Sponsors

Johnny Mack MorrowCam WardCraig FordMike HillBlaine Galliher

Session

Regular Session 2010

Title

Civil action for damages against convicted drug dealers for death of individual, established

Summary

HB358 creates a private civil action for damages against drug dealers convicted of manufacturing, distributing, possessing, or selling certain controlled substances when their substances cause a death.

What This Bill Does

If someone is convicted of knowingly and willfully manufacturing, distributing, bringing into, or transporting a controlled substance in Alabama, they can be sued for damages in this new civil action. Instead of a traditional wrongful death suit, eligible family members (parents, legal guardians, children, spouses, or siblings) can file for damages if the substance was actually used and was the proximate cause of the death. The bill also specifies damages categories, protects law enforcement from liability in this context, and sets a two-year filing deadline after the conviction or guilty plea.

Who It Affects

• Family members of individuals who died from the unlawful use of a controlled substance (they may file the suit and could recover damages).
• Persons convicted of manufacturing, distributing, possessing, or selling controlled substances (potential defendants liable for damages).
• Law enforcement officers (not liable under this act when acting in official investigations).

Key Provisions

• Defines 'controlled substances' as those listed in Schedules I-V in Alabama Code sections 20-2-20 through 20-2-31.
• Creates a civil damages action against individuals convicted of manufacturing, distributing, bringing into, or transporting a controlled substance in Alabama (under Title 13A).
• Allows only certain relatives (parent, legal guardian, child, spouse, or sibling) to bring the action in place of a wrongful death claim.
• Requires that the controlled substance was actually used by the deceased and that its use was the proximate cause of death.
• Excludes liability for law enforcement officers acting in official investigations.
• Permits recovery of economic and noneconomic damages (including pain and suffering, emotional distress, loss of enjoyment, and loss of companionship).
• Precludes defenses of assumption of risk or contributory negligence based on the deceased's use of the substance.
• Sets a two-year statute of limitations from the date of guilty plea or final conviction and exhaustion of appeals for filing the action.
• Effective immediately after passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Civil Procedure