Bill Text: NY A02936 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 2936 (Prior Session Legislation)

Introduced

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) 2014-01-08 - referred to codes [A02936 Detail]

Download: New_York-2013-A02936-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2936
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2013
                                      ___________
       Introduced by M. of A. WRIGHT -- 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 4517-a to read as follows:
    3    S  4517-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    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00594-01-3