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2002 -- H 8072

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LC03067

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2002

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A N A C T

RELATING TO WRONGFUL DEATH, DOMESTIC PARTNERS

     

     

     Introduced By: Representatives Hetherington, Ajello, D Cicilline, Dennigan, and Aiken

     Date Introduced: April 30, 2002

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-7-1.2 of the General Laws in Chapter 10-7 entitled "Death By

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Wrongful Act" is hereby amended to read as follows:

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     10-7-1.2. Liability for loss of consortium -- Liability for loss of society and

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companionship. -- (a) Whenever the death of a married person shall be caused by the wrongful

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act, neglect, or default of another person, the decedent's spouse may recover damages against the

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person for loss of consortium.

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      (b) Whenever the death of a parent or parents of an unemancipated minor or minors shall

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be caused by the wrongful act, neglect or default of another person, the minor or minors may

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recover damages against the person for the loss of parental society and companionship.

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      (c) Whenever the death of an unemancipated minor shall be caused by the wrongful act,

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neglect, or default of another person, the parent or parents of the minor may recover damages

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against the person for the loss of the minor's society and companionship.

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     (d)(1) Whenever two (2) adults have consented to exclusively share one another's lives in

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an intimate and committed relationship of mutual caring, and shall share a common residence and

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living expenses, are, and remain unmarried, agree if necessary to provide and be jointly

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responsible for basic and essential living expenses of each other, they shall be deemed to be

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"domestic partners" for purposes of this section.

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     (2) Whenever the death of a domestic partner shall be caused by the wrongful act,

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neglect, or default of another person, the other domestic partner as defined in subsection (d)(i)

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may recover damages against the person for the loss of the partner's society and companionship.

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     SECTION 2. This act shall take effect upon passage.

     

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LC03067

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO WRONGFUL DEATH, DOMESTIC PARTNERS

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     This act would permit a domestic partner to recover damages for the wrongful death of

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the other domestic partner.

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     This act would take effect upon passage.

     

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LC03067

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H8072