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| 5 | 5 | | 2025 -- H 5661 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC000651 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR |
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| 16 | 16 | | ACTIONS -- DEATH BY WRONGFUL ACT |
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| 17 | 17 | | Introduced By: Representative Ramon A. Perez |
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| 18 | 18 | | Date Introduced: February 26, 2025 |
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| 19 | 19 | | Referred To: House Judiciary |
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| 20 | 20 | | |
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| 21 | 21 | | |
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| 22 | 22 | | It is enacted by the General Assembly as follows: |
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| 23 | 23 | | SECTION 1. Section 10-7-2 of the General Laws in Chapter 10-7 entitled "Death by 1 |
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| 24 | 24 | | Wrongful Act" is hereby amended to read as follows: 2 |
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| 25 | 25 | | 10-7-2. Persons who may bring actions — Limitation of actions — Minimum recovery 3 |
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| 26 | 26 | | period. 4 |
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| 27 | 27 | | (a) Every action under this chapter, other than one brought under § 10-7-1.2, shall be 5 |
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| 28 | 28 | | brought by and in the name of the executor or administrator of the deceased person, whether 6 |
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| 29 | 29 | | appointed or qualified within or without the state, and of the amount recovered in every action 7 |
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| 30 | 30 | | under this chapter one-half (½) shall go to the husband or widow, and one-half (½) shall go to the 8 |
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| 31 | 31 | | children of the deceased, and if there are no children, the whole shall go to the husband or widow, 9 |
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| 32 | 32 | | and, if there is no husband or widow, to the next of kin, in the proportion provided by law in relation 10 |
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| 33 | 33 | | to the distribution of personal property left by persons dying intestate; except that no person who 11 |
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| 34 | 34 | | is adjudged to be in willful contempt of being in excess of six (6) months in arrears of an order to 12 |
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| 35 | 35 | | pay child support for the deceased individual shall be allowed recovery pursuant to this chapter and 13 |
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| 36 | 36 | | a person so adjudged shall be deemed to have predeceased the child for the purpose of determining 14 |
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| 37 | 37 | | distribution under the intestacy statute. 15 |
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| 38 | 38 | | (b) Every action brought under § 10-7-1.2 shall be brought by and in the name of the person 16 |
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| 39 | 39 | | or persons sustaining the loss of society, companionship and/or consortium and the amount 17 |
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| 40 | 40 | | recovered shall go to the person or persons who sustained the loss. 18 |
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| 41 | 41 | | |
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| 42 | 42 | | |
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| 43 | 43 | | LC000651 - Page 2 of 3 |
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| 44 | 44 | | (c) Except as otherwise provided, every action brought pursuant to this chapter shall be 1 |
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| 45 | 45 | | commenced within three (3) years after the death of the person. With respect to any death caused 2 |
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| 46 | 46 | | by any wrongful act, neglect, or default that is not known at the time of death, the action shall be 3 |
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| 47 | 47 | | commenced within three (3) years of the time that the wrongful act, neglect, or default is discovered 4 |
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| 48 | 48 | | or, in the exercise of reasonable diligence, should have been discovered. With respect to any 5 |
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| 49 | 49 | | wrongful act, neglect or default resulting in the death of a child in utero or within six (6) months 6 |
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| 50 | 50 | | after the birth of the child, the action shall be commenced within ten (10) years after the death of 7 |
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| 51 | 51 | | the child. Whenever any person or corporation is found liable under §§ 10-7-1 — 10-7-4 the person 8 |
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| 52 | 52 | | or corporation shall be liable in damages in the sum of not less than three hundred fifty thousand 9 |
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| 53 | 53 | | dollars ($350,000). 10 |
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| 54 | 54 | | SECTION 2. This act shall take effect upon passage. 11 |
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| 55 | 55 | | ======== |
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| 56 | 56 | | LC000651 |
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| 57 | 57 | | ======== |
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| 58 | 58 | | |
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| 59 | 59 | | |
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| 60 | 60 | | LC000651 - Page 3 of 3 |
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| 61 | 61 | | EXPLANATION |
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| 62 | 62 | | BY THE LEGISLATIVE COUNCIL |
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| 63 | 63 | | OF |
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| 64 | 64 | | A N A C T |
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| 65 | 65 | | RELATING TO COURTS AND CIVIL PROCEDURE -- PROCEDURE IN PARTICULAR |
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| 66 | 66 | | ACTIONS -- DEATH BY WRONGFUL ACT |
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| 67 | 67 | | *** |
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| 68 | 68 | | This act would expand the statute of limitations with respect to any wrongful act resulting 1 |
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| 69 | 69 | | in the death of a child in utero or within six (6) months after the birth of the child, to ten (10) years 2 |
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| 70 | 70 | | after the death of the child. 3 |
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| 71 | 71 | | This act would take effect upon passage. 4 |
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| 72 | 72 | | ======== |
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| 73 | 73 | | LC000651 |
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| 74 | 74 | | ======== |
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