H-1010              _______________________________________________

                                                    HOUSE BILL NO. 675

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                                                                            C 139 L 85

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Niemi, Barrett, Dellwo, Crane, Lewis, Appelwick, Tilly, Armstrong, Padden, Schmidt, Scott, Wang and Long

Read first time 2/8/85 and referred to Committee on Judiciary.

AN ACT Relating to stepchildren; and amending RCW 4.20.020 and 4.20.060.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 2, chapter 123, Laws of 1917 as amended by section 2, chapter 154, Laws of 1973 1st ex. sess. and RCW 4.20.020 are each amended to read as follows:

          Every such action shall be for the benefit of the wife, husband, child or children, including stepchildren, of the person whose death shall have been so caused.  If there be no wife or husband or such child or children, such action may be maintained for the benefit of the parents, sisters or brothers, who may be dependent upon the deceased person for support, and who are resident within the United States at the time of his death.

          In every such action the jury may give such damages as, under all circumstances of the case, may to them seem just.

        Sec. 2.  Section 495, page 220, Laws of 1854 as last amended by section 3, chapter 154, Laws of 1973 1st ex. sess. and RCW 4.20.060 are each amended to read as follows:

          No action for a personal injury to any person occasioning death shall abate, nor shall such right of action determine, by reason of such death, if such person has a surviving spouse or child living, including stepchildren, or leaving no surviving spouse or ((issue)) such children, if there is dependent upon the deceased for support and resident within the United States at the time of decedent's death, parents, sisters or brothers; but such action may be prosecuted, or commenced and prosecuted, by the executor or administrator of the deceased, in favor of such surviving spouse, or in favor of the surviving spouse and such children, or if no surviving spouse, in favor of such child or children, or if no surviving spouse or such child or children, then in favor of the decedent's parents, sisters or brothers who may be dependent upon such person for support, and resident in the United States at the time of decedent's death.

                                                                                                                          Passed the House March 13, 1985.

                                                                                                                                         Speaker of the House.

                                                                                                                           Passed the Senate April 12, 1985.

                                                                                                                                       President of the Senate.