Introduced By: Senators McDonald and Oster
Date Introduced : January 28, 1998
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. -- Every action under this
chapter, other than one brought under section 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 (1/2) shall go to the husband or widow,
and one-half (1/2) 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. Every action brought under section
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. 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 sections 10-7-1 -- 10-7-4 he or she or it shall be
liable in damages in the sum of not less than {DEL one hundred
thousand dollars ($100,000.00) DEL} {ADD one hundred fifty thousand
dollars ($150,000) ADD}.
SECTION 2. This act shall take effect upon passage.