Committee backs extension of wrongful-death presumption from two to three years

The House Health Committee approved House Bill 1528, which would extend from two to three years the period after which a presumption may arise that a surviving spouse has "willfully withdrawn" from the marriage for purposes of wrongful-death recovery.

The sponsor summarized the bill’s single change and said that extending the period protects surviving spouses and, by extension, family interests. During questions, Chairman Kumar asked why the change was set at three years rather than a longer period; the sponsor said he would not oppose extending beyond three years but considered three years an appropriate first step. A prior amendment that would have contained "personhood" language was removed; the sponsor confirmed that that provision is no longer part of the bill.

The clerk recorded the committee vote as 17 ayes and 4 nays, and the bill passed out of committee as amended and moves to Judiciary.

The hearing did not include detailed statutory citations beyond references to the current law's two-year rebuttable-presumption rule, nor did it present outside witnesses.