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1 | 1 | 25.495.12 100th Legislative Session 1086 | |
2 | 2 | ||
3 | 3 | ||
4 | 4 | 2025 South Dakota Legislature | |
5 | 5 | House Bill 1086 | |
6 | 6 | ||
7 | 7 | ||
8 | 8 | ||
9 | 9 | ||
10 | 10 | ||
11 | 11 | ||
12 | 12 | Introduced by: Representative Shorma | |
13 | 13 | ||
14 | 14 | Underscores indicate new language. | |
15 | 15 | Overstrikes indicate deleted language. | |
16 | 16 | An Act to clarify a provision related to the award of punitive damages in a wrongful 1 | |
17 | 17 | death action. 2 | |
18 | 18 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3 | |
19 | 19 | Section 1. That ยง 21-5-7 be AMENDED: 4 | |
20 | 20 | 21-5-7. In every action for wrongful death, the jury may give such award the 5 | |
21 | 21 | amount of damages as they may think the jury believes to be proportionate to the 6 | |
22 | 22 | pecuniary injury resulting from such the death, to the persons respectively person or 7 | |
23 | 23 | persons for whose benefit such the action shall be is brought. Notwithstanding any judicial 8 | |
24 | 24 | decision interpreting this section, punitive damages are not available in a wrongful death 9 | |
25 | 25 | action. 10 |