H5718

	2017 -- H 5718
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	LC000855
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	STATE OF RHODE ISLAND
	IN GENERAL ASSEMBLY
	JANUARY SESSION, A.D. 2017
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	A N A C T
	RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR
	ACTIONS - CONTRIBUTIONS AMONG JOINT TORTFEASORS

	Introduced By: Representatives Morgan, Chippendale, and Giarrusso
	Date Introduced: March 01, 2017
	Referred To: House Judiciary
	It is enacted by the General Assembly as follows:
1	SECTION 1. Chapter 10-6 of the General Laws entitled "Contribution Among Joint
2	Tortfeasors" is hereby amended by adding thereto the following section:
3	10-6-12. Judgment-proof tortfeasors.
4	(a) Whenever two (2) or more joint tortfeasors are adjudged liable for the same injury to
5	person or property and any tortfeasor is found to be unable to satisfy that tortfeasor's share of the
6	judgment, that tortfeasor's share shall be borne by all parties to the action in accordance with their
7	pro rata share of culpability as determined by the finder of fact.
8	(b) Notwithstanding the language of subsection (a) of this section, a plaintiff shall have a
9	right to execute the judgment against the judgment-proof tortfeasors as provided in chapter 25 of
10	title 9 to the extent such execution is consistent with the terms herein.
11	(c) Any joint tortfeasor's right to contribution is preserved.
12	SECTION 2. This act shall take effect upon passage.
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	LC000855
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	EXPLANATION
	BY THE LEGISLATIVE COUNCIL
	OF
	A N A C T
	RELATING TO COURTS AND CIVIL PROCEDURE - PROCEDURE IN PARTICULAR
	ACTIONS - CONTRIBUTIONS AMONG JOINT TORTFEASORS
	***
1	This act would require that a tortfeasor's share of a judgment be borne by all parties to the
2	action in accordance with their pro rata share of culpability whenever a tortfeasor is found to be
3	unable to satisfy their share.
4	This act would take effect upon passage.
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	LC000855
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