UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT MAKING EXPRESSIONS OF SYMPATHY OR BENEVOLENCE TO AN INJURED PERSON OR AN INJURED PERSON'S FAMILY INADMISSIBLE AS EVIDENCE OF AN ADMISSION OF LIABILITY IN A CIVIL ACTION."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Statement of benevolence or sympathy -- not admissible as evidence of admission of liability. (1) A communication that expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of a person involved in an accident and that is made to the injured person or to the injured person's family is not admissible as evidence of an admission of liability in a civil action.
(2) As used in this section, the following definitions apply:
(a) "Accident" means an occurrence resulting in injury or death to one or more persons that is not the result of willful action by a party.
(b) "Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) "Communication" means a statement, writing, or gesture.
(d) "Family" means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half sibling, or adopted children of a parent of an injured party.
NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 26, chapter 1, part 6, and the provisions of Title 26, chapter 1, part 6, apply to [section 1].
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