2023 -- H 5513

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LC000998

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- DEATH BY WRONGFUL ACT

     

     Introduced By: Representatives Baginski, Potter, Dawson, J. Brien, and McEntee

     Date Introduced: February 10, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-7-2 of the General Laws in Chapter 10-7 entitled "Death by

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Wrongful Act" is hereby amended to read as follows:

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     10-7-2. Persons who may bring actions — Limitation of actions — Minimum recovery

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period.

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     (a) Every action under this chapter, other than one brought under § 10-7-1.2, shall be

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brought by and in the name of the executor or administrator of the deceased person, whether

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appointed or qualified within or without the state, and of the amount recovered in every action

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under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the

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children of the deceased, and if there are no children, the whole shall go to the husband or widow,

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and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation

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to the distribution of personal property left by persons dying intestate; except that no person who

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is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to

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pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and

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a person so adjudged shall be deemed to have predeceased the child for the purpose of determining

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distribution under the intestacy statute.

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     (b) Every action brought under § 10-7-1.2 shall be brought by and in the name of the person

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or persons sustaining the loss of society, companionship and/or consortium and the amount

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recovered shall go to the person or persons who sustained the loss.

 

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     (c) Except as otherwise provided, every action brought pursuant to this chapter shall be

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commenced within three (3) years after the death of the person. With respect to any death caused

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by any wrongful act, neglect or default which is not known at the time of death, the action shall be

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commenced within three (3) years of the time that the wrongful act, neglect or default is discovered

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or, in the exercise of reasonable diligence, should have been discovered. Whenever any person or

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corporation is found liable under §§ 10-7-1 — 10-7-4 he or she or it shall be liable in damages in

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the sum of not less than two hundred fifty thousand dollars ($250,000) three hundred sixty-five

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thousand dollars ($365,000) or such higher amount as adjusted pursuant to subsection (e) of this

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section.

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     (e) On January 31, 2024 and each January 31 thereafter, the amount any person or

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corporation shall be liable pursuant to subsection (d) of this section, shall be adjusted by the

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percentage increase in the consumer price index for all urban consumers (CPI-U) published by the

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United States Department of Labor Bureau of Labor Statistics for the Northeast Region for the

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previous year.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- DEATH BY WRONGFUL ACT

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     This act would raise the minimum recovery in a civil action to recover for a wrongful death

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from two hundred fifty thousand dollars ($250,000) to three hundred sixty-five thousand dollars

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($365,000) and would automatically increase for inflation the minimum recovery annually on

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January 31. The increase is based on the consumer price index.

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     This act would take effect upon passage.

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