An Act to clarify a provision related to the award of punitive damages in a wrongful death action.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 21-5-7 be AMENDED:

21-5-7. In every action for wrongful death, the jury may give such award the amount of damages as they may think the jury believes to be proportionate to the pecuniary injury resulting from such the death, to the persons respectively person or persons for whose benefit such the action shall be is brought. Notwithstanding any judicial decision interpreting this section, punitive damages are not available in a wrongful death action.