Bill Text: NY A02338 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - referred to codes [A02338 Detail]

Download: New_York-2021-A02338-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2338

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. AUBRY -- 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:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 4513-a to read as follows:
     3    § 4513-a. Statement under belief of impending death.  Statements  made
     4  under  the belief of impending death by a deceased person are admissible
     5  in evidence in all civil  and  criminal  trials  and  other  proceedings
     6  before  courts,  commissions  and other tribunals to the same extent and
     7  for the same purposes that they  might  have  been  admissible  had  the
     8  deceased  survived  and  been sworn as witness in the proceedings, under
     9  the following restrictions. To render the  statements  of  the  deceased
    10  competent evidence, it must be satisfactorily proved:
    11    1.  That at the time of the making of such statement the declarant was
    12  conscious of approaching death and believed there was no hope for recov-
    13  ery;
    14    2. That such statement was  voluntarily  made,  and  not  through  the
    15  persuasion of any person;
    16    3.  That  such  statement  was  not  made in answer to interrogatories
    17  calculated to lead the deceased to make any particular statement; and
    18    4. That the declarant was of sound mind at  the  time  of  making  the
    19  declaration.
    20    § 2. This act shall take effect immediately.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00478-01-1