Chapter 382

2009 -- H 5738 SUBSTITUTE A

Enacted 01/05/10

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURES - PROCEDURE IN PARTICULAR ACTIONS - WRONGFUL DEATH

Introduced By: Representatives D Caprio, Petrarca, Silva, Edwards, and Lally

Date Introduced: February 26, 2009

It is enacted by the General Assembly as follows:

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

Wrongful Act" is hereby amended to read as follows:

10-7-10. Damages not to estate or asset of estate. -- All damages recoverable under

sections 10-7-1 -- 10-7-4 and under 10-7-7.1 shall be recoverable by and awarded to those

beneficiaries as specified in section 10-7-2 and shall not be deemed or considered damages to the

estate of the decedent, nor shall they be considered in any way an asset of the estate of the

decedent, nor liable to any claims against the estate of the decedent.

SECTION 2. Chapter 10-7 of the General Laws entitled "Death By Wrongful Act" is

hereby amended by adding thereto the following section:

10-7-7.1. Punitive damages. -- In an action commenced under section 10-7-5, recovery

may be had for punitive damages if such damages would have been recoverable had the decedent

survived.

SECTION 3. This act shall take effect upon passage.

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LC01852/SUB A

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