42 U.S.C. § 14505 — Definitions

Page 8642 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14504 1 See References in Text note below. able to pay for losses up to a specified amount. Separate standards for different types of li- ability exposure may be specified. (f) Limitation on punitive damages based on ac- tions of volunteers (1) General rule Punitive damages may not be awarded against a volunteer in an action brought for harm based on the action of a volunteer acting within the scope of the volunteer’s responsibil- ities to a nonprofit organization or govern- mental entity unless the claimant establishes by clear and convincing evidence that the harm was proximately caused by an action of such volunteer which constitutes willful or criminal misconduct, or a conscious, flagrant indifference to the rights or safety of the indi- vidual harmed. (2) Construction Paragraph (1) does not create a cause of ac- tion for punitive damages and does not pre- empt or supersede any Federal or State law to the extent that such law would further limit the award of punitive damages. (g) Exceptions to limitations on liability (1) In general The limitations on the liability of a volun- teer under this chapter shall not apply to any misconduct that— (A) constitutes a crime of violence (as that term is defined in section 16 of title 18) or act of international terrorism (as that term is defined in section 2331 of title 18) for which the defendant has been convicted in any court; (B) constitutes a hate crime (as that term is used in the Hate Crime Statistics Act (28 U.S.C. 534 note)); 1 (C) involves a sexual offense, as defined by applicable State law, for which the defend- ant has been convicted in any court; (D) involves misconduct for which the de- fendant has been found to have violated a Federal or State civil rights law; or (E) where the defendant was under the in- fluence (as determined pursuant to applica- ble State law) of intoxicating alcohol or any drug at the time of the misconduct. (2) Rule of construction Nothing in this subsection shall be con- strued to effect subsection (a)(3) or (f). (Pub. L. 105–19, § 4, June 18, 1997, 111 Stat. 219; Pub. L. 115–254, div. B, title V, § 584, Oct. 5, 2018, 132 Stat. 3399.) Editorial Notes REFERENCES IN TEXT The Hate Crime Statistics Act, referred to in subsec. (g)(1)(B), is Pub. L. 101–275, Apr. 23, 1990, 104 Stat. 140, which was set out as a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of Title 34, Crime Con- trol and Law Enforcement, and as provisions set out as a note under section 41305 of Title 34. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–254, § 584(2), in introduc- tory provisions, substituted ‘‘subsections (b), (c), and (e)’’ for ‘‘subsections (b) and (d)’’. Subsecs. (b) to (g). Pub. L. 115–254, § 584(1), (3), added subsec. (b) and redesignated former subsecs. (b) to (f) as (c) to (g), respectively. Subsec. (g)(2). Pub. L. 115–254, § 584(4), substituted ‘‘(f)’’ for ‘‘(e)’’. § 14504. Liability for noneconomic loss (a) General rule In any civil action against a volunteer, based on an action of a volunteer acting within the scope of the volunteer’s responsibilities to a nonprofit organization or governmental entity, the liability of the volunteer for noneconomic loss shall be determined in accordance with sub- section (b). (b) Amount of liability (1) In general Each defendant who is a volunteer, shall be liable only for the amount of noneconomic loss allocated to that defendant in direct pro- portion to the percentage of responsibility of that defendant (determined in accordance with paragraph (2)) for the harm to the claimant with respect to which that defendant is liable. The court shall render a separate judgment against each defendant in an amount deter- mined pursuant to the preceding sentence. (2) Percentage of responsibility For purposes of determining the amount of noneconomic loss allocated to a defendant who is a volunteer under this section, the trier of fact shall determine the percentage of respon- sibility of that defendant for the claimant’s harm. (Pub. L. 105–19, § 5, June 18, 1997, 111 Stat. 221.) § 14505. Definitions For purposes of this chapter: (1) Economic loss The term ‘‘economic loss’’ means any pecu- niary loss resulting from harm (including the loss of earnings or other benefits related to employment, medical expense loss, replace- ment services loss, loss due to death, burial costs, and loss of business or employment op- portunities) to the extent recovery for such loss is allowed under applicable State law. (2) Harm The term ‘‘harm’’ includes physical, non- physical, economic, and noneconomic losses. (3) Noneconomic losses The term ‘‘noneconomic losses’’ means losses for physical and emotional pain, suf- fering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoy- ment of life, loss of society and companion- ship, loss of consortium (other than loss of do- mestic service), hedonic damages, injury to reputation and all other nonpecuniary losses of any kind or nature. (4) Nonprofit organization The term ‘‘nonprofit organization’’ means— Page 8643 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 14661 1 See References in Text note below. (A) any organization which is described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title and which does not practice any action which constitutes a hate crime referred to in sub- section (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note); 1 or (B) any not-for-profit organization which is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes and which does not practice any ac- tion which constitutes a hate crime referred to in subsection (b)(1) of the first section of the Hate Crime Statistics Act (28 U.S.C. 534 note).1 (5) State The term ‘‘State’’ means each of the several States, the District of Columbia, the Common- wealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mar- iana Islands, any other territory or possession of the United States, or any political subdivi- sion of any such State, territory, or posses- sion. (6) Volunteer The term ‘‘volunteer’’ means an individual performing services for a nonprofit organiza- tion or a governmental entity who does not re- ceive— (A) compensation (other than reasonable reimbursement or allowance for expenses ac- tually incurred); or (B) any other thing of value in lieu of com- pensation, in excess of $500 per year, and such term in- cludes a volunteer serving as a director, offi- cer, trustee, or direct service volunteer. (Pub. L. 105–19, § 6, June 18, 1997, 111 Stat. 221.) Editorial Notes REFERENCES IN TEXT The first section of the Hate Crime Statistics Act, re- ferred to in par. (4), is Pub. L. 101–275, § 1, Apr. 23, 1990, 104 Stat. 140, which was set out in a note under section 534 of Title 28, Judiciary and Judicial Procedure, prior to editorial reclassification as section 41305 of Title 34, Crime Control and Law Enforcement. CHAPTER 140—CRIMINAL JUSTICE IDENTI- FICATION, INFORMATION, AND COMMU- NICATION SUBCHAPTER I—CRIME IDENTIFICATION TECHNOLOGY Sec. 14601. Transferred. SUBCHAPTER II—EXCHANGE OF CRIMINAL HIS- TORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES 14611 to 14616. Transferred. SUBCHAPTER I—CRIME IDENTIFICATION TECHNOLOGY § 14601. Transferred Editorial Notes CODIFICATION Section 14601 was editorially reclassified as section 40301 of Title 34, Crime Control and Law Enforcement. SUBCHAPTER II—EXCHANGE OF CRIMINAL HISTORY RECORDS FOR NONCRIMINAL JUSTICE PURPOSES § 14611. Transferred Editorial Notes CODIFICATION Section 14611 was editorially reclassified as section 40311 of Title 34, Crime Control and Law Enforcement. § 14612. Transferred Editorial Notes CODIFICATION Section 14612 was editorially reclassified as section 40312 of Title 34, Crime Control and Law Enforcement. § 14613. Transferred Editorial Notes CODIFICATION Section 14613 was editorially reclassified as section 40313 of Title 34, Crime Control and Law Enforcement. § 14614. Transferred Editorial Notes CODIFICATION Section 14614 was editorially reclassified as section 40314 of Title 34, Crime Control and Law Enforcement. § 14615. Transferred Editorial Notes CODIFICATION Section 14615 was editorially reclassified as section 40315 of Title 34, Crime Control and Law Enforcement. § 14616. Transferred Editorial Notes CODIFICATION Section 14616 was editorially reclassified as section 40316 of Title 34, Crime Control and Law Enforcement. CHAPTER 140A—JENNIFER’S LAW Sec. 14661 to 14663. Transferred. 14664. Omitted. 14665. Transferred. § 14661. Transferred Editorial Notes CODIFICATION Section 14661 was editorially reclassified as former section 40501 of Title 34, Crime Control and Law En- forcement.