An Act To Extend the Time for Commencing an Action Relating to Death Caused by Homicide
Maine Legislature, Session 127, LD 1605
Committee: Judiciary
Sponsors: VALENTINO, WARD, BURNS, DIAMOND, GERZOFSKY, JOHNSON, KATZ, CHENETTE, GERRISH, HOBBINS
Amends: 18-A MRSA §2

Legislative Document 
No. 1605 
S.P. 646 
In Senate, February 25, 2016 
An Act To Extend the Time for Commencing an Action Relating to 
Death Caused by Homicide 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator VALENTINO of York. 
Cosponsored by Representative WARD of Dedham and 
Senators: BURNS of Washington, DIAMOND of Cumberland, GERZOFSKY of Cumberland, 
JOHNSON of Lincoln, KATZ of Kennebec, Representatives: CHENETTE of Saco, GERRISH 
of Lebanon, HOBBINS of Saco. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §2-804, sub-§(b), as amended by PL 2009, c. 180, §1, is 
further amended to read: 
(b).    Every wrongful death action must be brought by and in the name of the 
personal representative of the deceased person.  The amount recovered in every wrongful 
death action, except as otherwise provided, is for the exclusive benefit of the surviving 
spouse if no minor children, of the children if no surviving spouse, one-half for the 
exclusive benefit of the surviving spouse and one-half for the exclusive benefit of the 
minor children to be divided equally among them if there are both surviving spouse and 
minor children and to the deceased's heirs to be distributed as provided in section 2-106 if 
there is neither surviving spouse nor minor children.  The jury may give damages as it 
determines a fair and just compensation with reference to the pecuniary injuries resulting 
from the death and in addition shall give such damages that will compensate the estate of 
the deceased person for reasonable expenses of medical, surgical and hospital care and 
treatment and for reasonable funeral expenses.  In addition, the jury may give damages 
not exceeding $500,000 for the loss of comfort, society and companionship of the 
deceased, including any damages for emotional distress arising from the same facts as 
those constituting the underlying claim, to the persons for whose benefit the action is 
brought.  The jury may also give punitive damages not exceeding $250,000.  An action 
under this section must be commenced within 2 years after the decedent's death, except 
that if the decedent's death is caused by a homicide, the action may be commenced within 
years of the date the personal representative of the decedent discovers that there is a just 
cause of action against the person who caused the homicide.  If a claim under this section 
is settled without an action having been commenced, the amount paid in settlement must 
be distributed as provided in this subsection.  A settlement on behalf of minor children is 
not valid unless approved by the court, as provided in Title 14, section 1605. 
Sec. 2.  Application.  This Act applies to wrongful death actions under the Maine 
Revised Statutes, Title 18-A, section 2-804, subsection (b) that, as of the effective date of 
this Act, have not yet been barred by the statute of limitations in force immediately prior 
to the effective date of this Act. 
SUMMARY 
This bill expands the time period within which a wrongful death action may be 
brought in a case of a death caused by a homicide.  The bill also provides that the 
expansion of the time period applies to wrongful death actions that have not been barred 
by the statute of limitations in force immediately prior to the effective date of this 
legislation.