Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 1065 By: Howard
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6 AS INTRODUCED
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7 An Act relating to damages; amending 23 O.S. 2021,
7 Section 61.2, which relates to limitation on
8 noneconomic loss compensation; increasing maximum
8 limitation on compensation for noneconomic loss;
9 clarifying applicability of provisions; updating
9 statutory references; and providing an effective
10 date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 23 O.S. 2021, Section 61.2, is
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15 amended to read as follows:
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16 Section 61.2. A. In any civil action arising from a claimed
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17 bodily injury, the amount of compensation which the trier of fact
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18 may award a plaintiff for economic loss shall not be subject to any
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19 limitation.
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20 B. Except as provided in subsection C of this section, in any
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21 civil action arising from a claimed bodily injury, the amount of
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22 compensation which a trier of fact may award a plaintiff for
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23 noneconomic loss shall not exceed Three Hundred Fifty Thousand
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24 Dollars ($350,000.00) Five Hundred Thousand Dollars ($500,000.00),
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1 regardless of the number of parties against whom the action is
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2 brought or the number of actions brought.
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3 C. Notwithstanding subsection B of this section, there shall be
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4 no limit on the amount of noneconomic damages which the trier of
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5 fact may award the plaintiff in a civil action arising from a
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6 claimed bodily injury resulting from negligence if the judge and
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7 jury finds, by clear and convincing evidence, that the defendant's
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8 acts or failures to act were:
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9 1. In reckless disregard for the rights of others;
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10 2. Grossly negligent;
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11 3. Fraudulent; or
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12 4. Intentional or with malice.
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13 D. In the trial of a civil action arising from claimed bodily
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14 injury, if the verdict is for the plaintiff, the court, in a nonjury
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15 trial, shall make findings of fact, and the jury, in a trial by
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16 jury, shall return a general verdict accompanied by answers to
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17 interrogatories, which shall specify all of the following:
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18 1. The total compensatory damages recoverable by the plaintiff;
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19 2. That portion of the total compensatory damages representing
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20 the plaintiff's economic loss;
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21 3. That portion of the total compensatory damages representing
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22 the plaintiff's noneconomic loss; and
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23 4. If alleged, whether the conduct of the defendant was or
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24 amounted to:
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1 a. reckless disregard for the rights of others,
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2 b. gross negligence,
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3 c. fraud, or
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4 d. intentional or malicious conduct.
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5 E. In any civil action to recover damages arising from claimed
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6 bodily injury, after the trier of fact makes the findings required
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7 by subsection D of this section, the court shall enter judgment in
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8 favor of the plaintiff for economic damages in the amount determined
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9 pursuant to paragraph 2 of subsection D of this section, and subject
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10 to paragraph 4 of subsection D of this section, the court shall
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11 enter a judgment in favor of the plaintiff for noneconomic damages.
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12 Except as provided in subsection C of this section, in no event
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13 shall a judgment for noneconomic damages exceed the maximum
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14 recoverable amounts set forth in subsection B of this section.
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15 Subsection B of this section shall be applied in a jury trial only
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16 after the trier of fact has made its factual findings and
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17 determinations as to the amount of the plaintiff's damages.
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18 F. In any civil action arising from claimed bodily injury which
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19 is tried to a jury, the jury shall not be instructed with respect to
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20 the limit on noneconomic damages set forth in subsection B of this
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21 section, nor shall counsel for any party nor any witness inform the
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22 jury or potential jurors of such limitations.
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1 G. This section shall not apply to actions brought under The
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2 Governmental Tort Claims Act or actions for wrongful death brought
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3 pursuant to Section 7 of Article XXIII of the Oklahoma Constitution.
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4 H. As used in this section:
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5 1. "Bodily injury" means actual physical injury to the body of
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6 a person and sickness or disease resulting therefrom;
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7 2. "Economic damages" means any type of pecuniary harm
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8 including, but not limited to:
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9 a. all wages, salaries or other compensation lost as a
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10 result of a bodily injury that is the subject of a
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11 civil action,
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12 b. all costs incurred for medical care or treatment,
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13 rehabilitation services, or other care, treatment,
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14 services, products or accommodations as a result of a
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15 bodily injury that is the subject of a civil action,
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16 or
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17 c. any other costs incurred as a result of a bodily
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18 injury that is the subject of a civil action;
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19 3. "Fraudulent" or "fraud" means "actual fraud" as defined
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20 pursuant to Section 58 of Title 15 of the Oklahoma Statutes;
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21 4. "Gross negligence" means the want of slight care and
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22 diligence;
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23 5. "Malice" involves hatred, spite or ill will, or the doing of
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24 a wrongful act intentionally without just cause or excuse;
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1 6. "Noneconomic damages" means nonpecuniary harm that arises
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2 from a bodily injury that is the subject of a civil action,
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3 including damages for pain and suffering, loss of society,
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4 consortium, companionship, care, assistance, attention, protection,
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5 advice, guidance, counsel, instruction, training, education,
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6 disfigurement, mental anguish and any other intangible loss; and
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7 7. "Reckless disregard of another's rights" shall have the same
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8 meaning as willful and wanton conduct and shall mean that the
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9 defendant was either aware, or did not care, that there was a
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10 substantial and unnecessary risk that his, her or its conduct would
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11 cause serious injury to others. In order for the conduct to be in
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12 reckless disregard of another's rights, it must have been
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13 unreasonable under the circumstances and there must have been a high
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14 probability that the conduct would cause serious harm to another
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15 person.
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16 I. This section shall apply to civil actions filed on or after
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17 November 1, 2011 November 1, 2025.
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18 SECTION 2. This act shall become effective November 1, 2025.
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20 60-1-910 TEK 1/16/2025 3:02:44 PM
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Req. No. 910 Page 5Every fact on this page links to its source, starting with the official bill record.