South Dakota 2025 Regular Session

South Dakota House Bill HB1086 Compare Versions

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11 25.495.12 100th Legislative Session 1086
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44 2025 South Dakota Legislature
55 House Bill 1086
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1212 Introduced by: Representative Shorma
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1414 Underscores indicate new language.
1515 Overstrikes indicate deleted language.
1616 An Act to clarify a provision related to the award of punitive damages in a wrongful 1
1717 death action. 2
1818 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
1919 Section 1. That ยง 21-5-7 be AMENDED: 4
2020 21-5-7. In every action for wrongful death, the jury may give such award the 5
2121 amount of damages as they may think the jury believes to be proportionate to the 6
2222 pecuniary injury resulting from such the death, to the persons respectively person or 7
2323 persons for whose benefit such the action shall be is brought. Notwithstanding any judicial 8
2424 decision interpreting this section, punitive damages are not available in a wrongful death 9
2525 action. 10