| Chapter 256 |
| 2023 -- S 1056 SUBSTITUTE A Enacted 06/24/2023 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR ACTIONS -- DEATH BY WRONGFUL ACT |
Introduced By: Senators Euer, and LaMountain |
| Date Introduced: May 19, 2023 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 10-7-2 of the General Laws in Chapter 10-7 entitled "Death by |
| Wrongful Act" is hereby amended to read as follows: |
| 10-7-2. Persons who may bring actions — Limitation of actions — Minimum recovery |
| period. |
| (a) Every action under this chapter, other than one brought under § 10-7-1.2, shall be |
| brought by and in the name of the executor or administrator of the deceased person, whether |
| appointed or qualified within or without the state, and of the amount recovered in every action |
| under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the |
| children of the deceased, and if there are no children, the whole shall go to the husband or widow, |
| and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation |
| to the distribution of personal property left by persons dying intestate; except that no person who |
| is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to |
| pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and |
| a person so adjudged shall be deemed to have predeceased the child for the purpose of determining |
| distribution under the intestacy statute. |
| (b) Every action brought under § 10-7-1.2 shall be brought by and in the name of the person |
| or persons sustaining the loss of society, companionship and/or consortium and the amount |
| recovered shall go to the person or persons who sustained the loss. |
| (c) Except as otherwise provided, every action brought pursuant to this chapter shall be |
| commenced within three (3) years after the death of the person. With respect to any death caused |
| by any wrongful act, neglect, or default which is not known at the time of death, the action shall be |
| commenced within three (3) years of the time that the wrongful act, neglect, or default is discovered |
| or, in the exercise of reasonable diligence, should have been discovered. Whenever any person or |
| corporation is found liable under §§ 10-7-1 — 10-7-4 he or she or it the person or corporation |
| shall be liable in damages in the sum of not less than two hundred fifty thousand dollars ($250,000) |
| three hundred fifty thousand dollars ($350,000). |
| SECTION 2. This act shall take effect on January 1, 2024, and shall have prospective |
| application only to causes of action occurring on or after the effective date of this act. |
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| LC002977/SUB A |
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