Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Jan 11, 2011 |
referred to judiciary |
Assembly Bill A1674
2011-2012 Legislative Session
Sponsored By
CUSICK
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2011-A1674 (ACTIVE) - Details
2011-A1674 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1674 2011-2012 Regular Sessions I N A S S E M B L Y January 11, 2011 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Judiciary AN ACT to amend the estates, powers and trusts law, in relation to wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative purpose and findings. The legislature finds and declares that when the wrongful act of another causes the death of a person, the wrongdoer incurs liability. It is an important and compel- ling state interest to safeguard the rights of the family of an unborn child fatally injured while in utero and to allow them some measure of recovery. The legislature further finds that all states, including New York, currently allow recovery for prenatal injuries if a child is subsequently born alive, and that thirty-six states allow recovery for the wrongful death of a child who dies in the womb. S 2. Section 5-4.1 of the estates, powers and trusts law, as amended by chapter 95 of the laws of 1983 and paragraph 1 as amended by chapter 114 of the laws of 2003, is amended to read as follows: S 5-4.1 Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on Septem- ber eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03986-01-1
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