Chapter 196
2023 -- H 5513 SUBSTITUTE A
Enacted 06/23/2023

A N   A C T

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

Date Introduced: February 10, 2023

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
     (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 that 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 the person or
corporation shall be liable in damages in the sum of not less than two hundred fifty thousand
dollars ($250,000) three hundred fifty thousand dollars ($350,000).
     SECTION 2. This act shall take effect on January 1, 2024, and shall have prospective
application only to causes of action occurring on or after the effective date of this act.
LC000998/SUB A/2