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Bill

Bill

S 3315

Clarifies that punitive damages may not be awarded against public entities or public employees acting within the scope of their employment in any action.

2026-2027 Regular Session

Bill eliminates punitive damages against public entities and employees acting in official capacity, removing financial deterrents for egregious government misconduct.

Introduced in the Senate, Referred to Senate Judiciary Committee
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Bill Summary · S 3315

Legislative bill overview

S 3315 would prevent punitive damages from being awarded against public entities or public employees acting within the scope of their employment across all legal actions. This creates broad immunity from punitive damages for state and local government and their employees, regardless of the underlying conduct or circumstances.

Why is this important

Punitive damages are intended to deter egregious misconduct and compensate victims for intentional or reckless behavior. This bill would eliminate that deterrent mechanism for government actors, potentially affecting cases involving police misconduct, negligent government decisions, or other harmful official conduct. The change could significantly impact civil rights litigation and victims' ability to obtain full compensation for damages caused by government wrongdoing.

Potential points of contention

  • Accountability gap: Removes financial consequences that incentivize government entities to prevent misconduct, potentially reducing deterrence for serious violations of rights or recklessness
  • Victim compensation: Limits remedies available to citizens harmed by egregious government conduct, capping recovery at compensatory damages only
  • Scope breadth: Covers "any action" without exceptions, potentially protecting employees engaged in conduct arguably outside legitimate government functions or intentionally harmful behavior
  • Existing qualified immunity: May interact complexly with federal qualified immunity doctrine and existing state tort law protections already afforded to public employees

Compiled from official sources — confirm details with the bill’s official record.

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