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type, title, description, jurisdiction, legislature, session, identifier, citation, classification, subjects, status, primary_sponsors, version_count, action_count, vote_count, first_action, last_action, source, source_identifier, source_url, source_hash, vintage, source_snapshot, retrieved_at, confidence, tags
type title description jurisdiction legislature session identifier citation classification subjects status primary_sponsors version_count action_count vote_count first_action last_action source source_identifier source_url source_hash vintage source_snapshot retrieved_at confidence tags
Bill AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS. This statutory addition to Delawares Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent." us/states/de Delaware General Assembly 152 SB 81 Delaware SB 81 (152)
bill
enacted
Bryan Townsend
Cyndie Romer
David P. Sokola
Edward S. Osienski
John "Jack" Walsh
Kendra Johnson
Laura V. Sturgeon
Marie Pinkney
Nicole Poore
Paul S. Baumbach
Peter C. Schwartzkopf
Ruth Briggs King
Sean Matthews
Sherry Dorsey Walker
Spiros Mantzavinos
William Bush
1 7 2 2023-04-06 2023-07-17 openstates ocd-bill/4277e78e-a131-461d-8007-62392cc88dc7 https://legis.delaware.gov/BillDetail?LegislationId=130197 5b2a4cd4843304a4ef01b12f5f35a859868df8c2a9ab0ae3a36f604621e97664 2026-07-01 https://data.openstates.org/daily/2026-07-01/public.pgdump 2026-07-06 reported
legislation
bill
us-de

Delaware SB 81 (152) — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS.

This statutory addition to Delawares Wrongful Death Act will permit the spouse, parents, children, and siblings of a deceased person to recover punitive damages when the actions resulting in the death of another person were maliciously intended or the result of willful or wanton misconduct by the at fault party. Punitive damages are intended to deter the at fault party from future similar conduct and to punish the at fault party for reckless conduct. Presently, an estate can recover punitive damages under a survival action pursuant to 10 Del C. § 3701. A survival action involves the death of an individual as the result of the at fault party where that individual suffers for a period of time before dying. Whereas, a wrongful death action involves the instantaneous death of an individual as the result of the at fault party. This led to cases where the issue of whether a defendant faced punitive damages depended not on the defendant's own actions, but on whether the deceased had suffered long enough for a survival action. This Act also clarifies the definitions of "child" and "parent."

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

  1. Bill Text (committee substitute) — source

Votes

  • 3/5 — 410 (pass) · lower
  • SM — 210 (pass) · upper

Sponsors

  • Bryan Townsend — primary (person)
  • Cyndie Romer — primary (person)
  • David P. Sokola — primary (person)
  • Edward S. Osienski — primary (person)
  • John "Jack" Walsh — primary (person)
  • Kendra Johnson — primary (person)
  • Laura V. Sturgeon — primary (person)
  • Marie Pinkney — primary (person)
  • Nicole Poore — primary (person)
  • Paul S. Baumbach — primary (person)
  • Peter C. Schwartzkopf — primary (person)
  • Ruth Briggs King — primary (person)
  • Sean Matthews — primary (person)
  • Sherry Dorsey Walker — primary (person)
  • Spiros Mantzavinos — primary (person)
  • William Bush — primary (person)

Timeline

The legislative action history — every referral, reading, and vote.

  • 2023-04-06 Introduced and Assigned to Judiciary Committee in Senate introduction, referral-committee
  • 2023-05-03 Reported Out of Committee (Judiciary) in Senate with 7 On Its Merits committee-passage
  • 2023-05-16 Passed By Senate. Votes: 21 YES passage
  • 2023-05-17 Assigned to Judiciary Committee in House introduction, referral-committee
  • 2023-06-14 Reported Out of Committee (Judiciary) in House with 3 Favorable, 6 On Its Merits committee-passage, committee-passage-favorable
  • 2023-06-30 Passed By House. Votes: 41 YES passage
  • 2023-07-17 Signed by Governor executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/4277e78e-a131-461d-8007-62392cc88dc7. Confidence: reported (aggregated from official Delaware legislature records).