Bill Text: NY A01871 | 2023-2024 | General Assembly | Introduced

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Bill Title: Permits additional damages recoverable for the use of a deadly weapon resulting in death.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to judiciary [A01871 Detail]

Download: New_York-2023-A01871-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1871

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. LAVINE -- read once and referred 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:

     1    Section 1. Section 5-4.3 of the estates,  powers  and  trusts  law  is
     2  amended by adding a new paragraph (a-1) to read as follows:
     3    (a-1)  In addition to the damages and expenses recoverable under para-
     4  graph (a) of this section, in any  action  in  which  the  wrongful  act
     5  involves  the  intentional  and  pre-meditated use of a deadly weapon as
     6  defined in subdivision twelve of section 10.00 of the  penal  law,  fair
     7  compensation for the following damages may also be recovered:
     8    (i)  grief  or  anguish  caused  by  the decedent's death, and for any
     9  disorder caused by such grief or anguish;
    10    (ii) loss of love, society, protection,  comfort,  companionship,  and
    11  consortium resulting from the decedent's death; and
    12    (iii) loss of nurture, guidance, counsel, advice, training, and educa-
    13  tion resulting from the decedent's death.
    14    Interest  upon  the  principal sum recovered by the plaintiff from the
    15  date of the decedent's death shall be added to and be part of the  total
    16  sum awarded.
    17    §  2.  This  act  shall take effect immediately and shall apply to all
    18  actions commenced on or after such effective date.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02800-01-3