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Senate Co-Sponsorship Memoranda
Senate of Pennsylvania
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | February 15, 2013 04:06 PM |
|---|---|
| From: | Senator Patrick M. Browne |
| To: | All Senate members |
| Subject: | Wrongful Death Actions - Recovery by Stepchildren |
| In the near future, I intend to re-introduce legislation that was introduced as Senate Bill 466 in the 2011-12 legislative session. This legislation would allow stepchildren to share in any recovery obtained through a lawsuit alleging wrongful death. The bonds between a stepchild and stepparent are commonly as strong as those between a natural parent and child. It is also common for the stepchild to be dependent on a stepparent for support. As such, when a stepparent passes away, the child is often left without sufficient financial support. Under 42 Pa.C.S.A. § 8301, an action may be brought to recover damages for the death of an individual caused by the wrongful act or neglect of another. The cause of action created by this statute exists only for the benefit of the spouse, natural children and parents of the deceased. Stepchildren may not recover under Section 8301. My legislation will amend 42 Pa.C.S.A. § 8301 by including stepchildren in the class of persons entitled to recover in death actions. Cosponsors of Senate Bill 466 of the 2011-12 session included: Senators TARTAGLIONE, WOZNIAK, WAUGH, WASHINGTON, COSTA, SOLOBAY and STACK. |
Introduced as SB835