[1] OPINION
[2] Ronald Leone and Rudy Baronet were reported missing on October 3, 1977. The two young men had been at the Leone household when, at approximately 9:30 a.m., Ronald received a telephone call from an individual who requested that Ronald meet him at some location. Ronald asked Rudy to come along for the ride and the two friends left together. Neither has been seen or heard from since that day. The mothers of these young men, and the plaintiffs in this consolidated action, struggled through the next four and one-half years with no knowledge of the fate that had befallen their sons. Following their initial report and a police investigation, the plaintiffs periodically inquired into the status of the case, but they were given no information (nor was there any to give) until 1982. In March of that year, Josephine Pezzulli, the mother of Ronald, and Evelyn Baronet, the mother of Rudy, were informed by the Department of the Attorney General that a particular individual was suspected of having murdered their sons. This was the first official word, and indeed the only word, that the plaintiffs received concerning the disappearance of their sons. *Page 542
[3] With the cooperation of plaintiffs, a grand jury subsequently indicted Anthony Parillo on two separate counts of murder. Despite the fact that the bodies of Ronald Leone and Rudy Baronet were never recovered, Parillo was found guilty of murdering the two young men. On appeal to this court, Parillo's convictions were overturned and he was granted a new trial. State v.Parillo, ___ R.I. ___, 480 A.2d 1349 (1984). As of this writing, Parillo has not been retried. In the meantime, on July 19, 1982, Mrs. Pezzulli and Mrs. Baronet filed two separate actions in the Superior Court pursuant to G.L. 1956 (1981 Reenactment) chapter 25 of title 12, the Criminal Injuries Compensation Act of 1972. The separate complaints were identical except for the names of plaintiff and victim. Both plaintiffs sought compensation for the death of their sons. Following a hearing on September 15, 1982, a Superior Court justice granted summary judgment in favor of the State of Rhode Island in both cases. This appeal ensued. Because the factual and legal circumstances of both cases are identical, they have been consolidated for purposes of this appeal.
[4] The Superior Court granted summary judgment in favor of the state on the ground that both complaints had been filed more than two years after the deaths of the victims. Section 12-25-6 states that "[a]ctions for compensation under this chapter shall be commenced within two (2) years after the date of the personal injury or death * * *." Since by all accounts Ronald and Rudy died on or about October 3, 1977, the Superior Court found the actions barred under § 12-25-6. Although we affirm the judgment of the Superior Court, we deem it unnecessary to reach the question of whether plaintiffs' claims were outside the statute of limitations. Even if the claims were timely filed, neither Mrs. Pezzulli nor Mrs. Baronet has stated a compensable claim under the Criminal Injuries Compensation Act.1
[5] During the pendency of these two appeals, the General Assembly enacted P.L. 1984, ch. 354, § 2, significantly amending the Criminal Injuries Compensation Act. One of the changes made to the Act was undoubtedly in response to Ayers-Schaffner v.Solomon, ___ R.I. ___, 461 A.2d 396 (1983), where this court held that a victim's estate is permitted to recover for the predeath pain and suffering of the victim of a violent crime. The amended language states, in pertinent part, that
"When the plaintiff is the victim's estate, it shall only be awarded compensation for the victim's actual medical, hospital, funeral and burial expenses for which the victim or his estate is not compensated by any other source and for the loss of support to the dependents of the victim." P.L. 1984, ch. 354, § 2.
[6] This amendment was to "apply to all cases pending on the effect [sic] date[,]" the *Page 543 effective date being May 11, 1984. P.L. 1984, ch. 354, § 4.
[7] Although statutory changes are normally given prospective effect, this court has ruled that where the Legislature itself expresses a contrary intent, that determination is controlling:
"While [this] appeal was pending, the General Assembly at its January 1979 session enacted P.L. 1979, ch. 279 * * *. The enactment clause of the 1979 legislation specifically provided that the act was to be applied to all petitions pending on the date of passage of this act. When viewing similar language in Zaharakos v. Zaharakos, 118 R.I. 387, 388-89, 374 A.2d 101, 102 (1977), we ruled that there was no doubt that the Legislature intended the statute to be given retrospective effect, requiring us to adjudicate the case according to the law now existing." Bates v. Bates, ___ R.I. ___, ___, 440 A.2d 724, 727 n.1 (1982); see also Dandeneau v. Board of Governors for Higher Education [491 A.2d 1011] (1985).
[8] The plaintiffs state two injuries for which recovery is sought. The first is the pain and suffering of their sons. We find that the 1984 amendment to the Criminal Injuries Compensation Act precludes any such recovery by the legal representative or next of kin of a deceased victim and further that the amendment applies to the present case. The plaintiffs also seek compensation for the pecuniary loss occasioned them by the death of their sons. The complaint does not specify what that loss is, but § 12-25-2 states that, in the case of death, pecuniary loss means funeral and burial expenses as well as loss of support to the dependents of the victim. And § 12-25-6(e), added to the act by the 1984 amendment, states that when the plaintiff is the victim's estate, compensation may be awarded only for medical, hospital, funeral, and burial expenses and for loss of support has to the dependents of the victim. Given the tragic nature of this case, there have been no medical or burial expenses. Nor have plaintiffs pled loss of support. At oral argument, counsel for plaintiffs agreed that plaintiffs are not dependents of the victims and that no loss of support has occurred. We hold, therefore, that plaintiffs have failed to state a compensable claim under the Criminal Injuries Compensation Act.2
[9] The plaintiffs' appeal is denied and dismissed. The judgment appealed from is affirmed.
[10] BEVILACQUA, C.J., did not participate.