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:

     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 shall be liable in damages in

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

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

section.

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

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

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

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

previous year.

     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

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

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

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

     This act would take effect upon passage.

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