SB 463 — Prohibiting certain persons from recovering damages in certain civil actions and creating requirements for actions involving negligent security.

AsAmended by House Committee {As Amended by Senate Committee of the Whole} As Amended by Senate Committee Session of 2026 SENATE BILLNo.

(2) This subsection shall not apply to a claim made against an uninsured or underinsured motorist policy that names the unauthorized alien as the insured.  (c) (1) Except as provided in paragraph (2), in an action for negligent security, an owner or occupier has no duty to protect an invitee or licensee from any type of wrongful conduct of a third person unless the owner or occupier has actual knowledge of previous occurrences of substantially similar wrongful conduct on the premises within the immediately SB 463—Am.

by SCWHC 2 occupier has actual knowledge of previous occurrences of substantially similar wrongful conduct on the premises within the immediately preceding year.

(C) If the trier of fact fails to apportion fault pursuant to subparagraph (A), the court shall set aside the verdict and order a retrial of liability and SB 463—Am.

by SCWHC 3 (C) If the trier of fact fails to apportion fault pursuant to subparagraph (A), the court shall set aside the verdict and order a retrial of liability and damages.

(e){(d)} This(e){(d)}(b) This section applies to any claim that is pending or filed on and after July 1, 2026.

(f){(e)} As(f){(e)}(c) As used in this section:

and (7) "wrongful(7) "Wrongful conduct" means any:

(A) Violation(A)  violation of federal or state law or an ordinance or resolution adopted by a political subdivision of the state that constitutes a crime, regardlessSB of463—Am. whether such violation results in an arrest, citation, indictment or conviction:

SBby 463—Am.HC 4 regardless of whether such violation results in an arrest, citation, indictment or conviction:

by(i)(A) Federal SCW 4 (i) Federal law that constitutes a crime, regardless of whether such violation results in an arrest, citation, indictment or conviction;

or (ii) state(ii)(B) state law or an ordinance or resolution adopted by a political subdivision of the state that constitutes a felony or a class A or B misdemeanor, regardless of whether such violation results in an arrest, citation, indictment or conviction;

or and (B) other conduct that constitutes an intentional or reckless tort.tort(2)  notwithstanding the provisions of paragraph (1), "wrongful conduct" does not include conduct that constitutes trespass if:

(A) The person committing such conduct is under 18 years of age;

(B) the attractive nuisance doctrine applies to such conduct;

and (C) such person did not have the intent to commit any other violation described in paragraph (1).