Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
5.4 KiB
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
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| Bill | AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS. | This statutory addition to Delaware’s 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) |
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enacted |
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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 |
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Delaware SB 81 (152) — AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO WRONGFUL DEATH ACTIONS.
This statutory addition to Delaware’s 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.
- Bill Text (committee substitute) — source
Votes
- 3/5 — 41–0 (pass) · lower
- SM — 21–0 (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).