The bill amends South Dakota's wrongful death statute, specifically section 21-5-7, to clarify the jury's role in awarding damages. The revised language specifies that in wrongful death actions, the jury may award damages that they believe are proportionate to the pecuniary injury resulting from the death, and these damages are to be awarded to the person or persons for whose benefit the action is brought.

Additionally, the bill explicitly states that punitive damages are not available in wrongful death actions, regardless of any previous judicial interpretations of this section. This change aims to provide clearer guidelines for juries and to eliminate any ambiguity regarding the availability of punitive damages in such cases.

Statutes affected:
Introduced, 01/22/2025: 21-5-7