2023 -- H 5573

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LC001735

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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 Perez, Diaz, Lima, P. Morgan, Corvese, Phillips,
Costantino, Azzinaro, Hull, and Fellela

     Date Introduced: February 15, 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.

     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. 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.

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. With respect to any

wrongful act, neglect or default resulting in the death of a child in utero or within six (6) months

after the birth of the child, the action shall be commenced within six (6) years after the death of the

child. 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).

     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 expand the statute of limitations with respect to any wrongful act resulting

in the death of a child in utero or within six (6) months after the birth of the child, to six (6) years

after the death of the child.

     This act would take effect upon passage.

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LC001735

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