Senate Bill S965

2021-2022 Legislative Session

Relates to additional damages recoverable for the use of a deadly weapon

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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

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2021-S965 (ACTIVE) - Details

See Assembly Version of this Bill:
A4140
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-4.3, EPT L
Versions Introduced in Other Legislative Sessions:
2019-2020: S6803, A8770
2023-2024: A1871

2021-S965 (ACTIVE) - Summary

Relates to additional damages recoverable for the use of a deadly weapon.

2021-S965 (ACTIVE) - Sponsor Memo

2021-S965 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    965
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the estates, powers and trusts law, in relation to addi-
   tional damages recoverable for the use of a deadly weapon

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  5-4.3  of  the estates, powers and trusts law is
 amended by adding a new paragraph (a-1) to read as follows:
   (A-1) IN ADDITION TO THE DAMAGES AND EXPENSES RECOVERABLE UNDER  PARA-
 GRAPH  (A)  OF  THIS  SECTION,  IN  ANY ACTION IN WHICH THE WRONGFUL ACT
 INVOLVES THE INTENTIONAL AND PRE-MEDITATED USE OF  A  DEADLY  WEAPON  AS
 DEFINED  IN  SUBDIVISION  TWELVE OF SECTION 10.00 OF THE PENAL LAW, FAIR
 COMPENSATION FOR THE FOLLOWING DAMAGES MAY ALSO BE RECOVERED:
   (I) GRIEF OR ANGUISH CAUSED BY  THE  DECEDENT'S  DEATH,  AND  FOR  ANY
 DISORDER CAUSED BY SUCH GRIEF OR ANGUISH;
   (II)  LOSS  OF  LOVE, SOCIETY, PROTECTION, COMFORT, COMPANIONSHIP, AND
 CONSORTIUM RESULTING FROM THE DECEDENT'S DEATH; AND
   (III) LOSS OF NURTURE, GUIDANCE, COUNSEL, ADVICE, TRAINING, AND EDUCA-
 TION RESULTING FROM THE DECEDENT'S DEATH.
   INTEREST UPON THE PRINCIPAL SUM RECOVERED BY THE  PLAINTIFF  FROM  THE
 DATE  OF THE DECEDENT'S DEATH SHALL BE ADDED TO AND BE PART OF THE TOTAL
 SUM AWARDED.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 actions commenced on or after such effective date.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03779-01-1

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