Assembly Bill A6316

2025-2026 Legislative Session

Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death

download bill text pdf

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Current 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

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2025-A6316 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4513-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1338
2011-2012: A2972
2013-2014: A2936
2015-2016: A3903
2017-2018: A5304
2019-2020: A4028
2021-2022: A2338
2023-2024: A1658

2025-A6316 (ACTIVE) - Summary

Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death.

2025-A6316 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6316
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced by M. of A. ROMERO -- read once and referred to the Committee
   on Codes
 
 AN  ACT to amend the civil practice law and rules, in relation to admis-
   sibility of certain evidence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 section 4513-a to read as follows:
   §  4513-A.  STATEMENT UNDER BELIEF OF IMPENDING DEATH. STATEMENTS MADE
 UNDER THE BELIEF OF IMPENDING DEATH BY A DECEASED PERSON ARE  ADMISSIBLE
 IN  EVIDENCE  IN  ALL  CIVIL  AND  CRIMINAL TRIALS AND OTHER PROCEEDINGS
 BEFORE COURTS, COMMISSIONS AND OTHER TRIBUNALS TO THE  SAME  EXTENT  AND
 FOR  THE  SAME  PURPOSES  THAT  THEY  MIGHT HAVE BEEN ADMISSIBLE HAD THE
 DECEASED SURVIVED AND BEEN SWORN AS WITNESS IN  THE  PROCEEDINGS,  UNDER
 THE  FOLLOWING  RESTRICTIONS.  TO  RENDER THE STATEMENTS OF THE DECEASED
 COMPETENT EVIDENCE, IT MUST BE SATISFACTORILY PROVED:
   1. THAT AT THE TIME OF THE MAKING OF SUCH STATEMENT THE DECLARANT  WAS
 CONSCIOUS OF APPROACHING DEATH AND BELIEVED THERE WAS NO HOPE FOR RECOV-
 ERY;
   2.  THAT  SUCH  STATEMENT  WAS  VOLUNTARILY  MADE, AND NOT THROUGH THE
 PERSUASION OF ANY PERSON;
   3. THAT SUCH STATEMENT WAS  NOT  MADE  IN  ANSWER  TO  INTERROGATORIES
 CALCULATED TO LEAD THE DECEASED TO MAKE ANY PARTICULAR STATEMENT; AND
   4.  THAT  THE  DECLARANT  WAS  OF SOUND MIND AT THE TIME OF MAKING THE
 DECLARATION.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08720-01-5

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