Bill Text: NY S01190 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that a cause of action for a declaratory judgement of libel or slander would accrue to the spouse, parent or child of a decedent as the result of a libel or slander which occurred after, but within five years of a decedent's death; provides that any such action must be commenced within one year of the date of the alleged libel or slander; provides that prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CODES [S01190 Detail]

Download: New_York-2011-S01190-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1190
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 5, 2011
                                      ___________
       Introduced by Sens. BRESLIN, HASSELL-THOMPSON, KRUGER, SAMPSON, STAVISKY
         -- read twice and ordered printed, and when printed to be committed to
         the Committee on Codes
       AN  ACT  to  amend  the  civil rights law and the civil practice law and
         rules, in relation to the accrual of a cause of action for a  declara-
         tory judgment of libel or slander of a decedent
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The civil rights law is amended by adding  a  new  section
    2  78-a to read as follows:
    3    S  78-A.  CAUSE OF ACTION FOR A DECLARATORY JUDGMENT OF LIBEL OR SLAN-
    4  DER OF A DECEDENT.  A CAUSE OF ACTION FOR A DECLARATORY  JUDGMENT  SHALL
    5  ACCRUE  TO  THE  SPOUSE,  PARENT OR CHILD OF A DECEDENT AS A RESULT OF A
    6  LIBEL OR SLANDER THAT OCCURRED AFTER,  BUT  WITHIN  FIVE  YEARS  OF  THE
    7  DECEDENT'S  DEATH.    ANY  SUCH ACTION MUST BE COMMENCED WITHIN ONE YEAR
    8  PURSUANT TO SECTION TWO HUNDRED FIFTEEN OF THE CIVIL  PRACTICE  LAW  AND
    9  RULES.    PRIOR  TO  THE COMMENCEMENT OF SUCH ACTION, THE PLAINTIFF MUST
   10  REQUEST A RETRACTION OF SUCH ALLEGED LIBELOUS OR  SLANDEROUS  STATEMENTS
   11  BY  A  REGISTERED OR CERTIFIED LETTER, RETURN RECEIPT REQUESTED FROM THE
   12  DEFENDANT.  IN SUCH LETTER, THE PLAINTIFF MUST  SET  FORTH,  IN  GENERAL
   13  TERMS,  THEIR  OBJECTIONS  TO  THE ALLEGED LIBELOUS OR SLANDEROUS STATE-
   14  MENTS.  NO ACTION MAY BE COMMENCED UNTIL THIRTY DAYS AFTER  SUCH  LETTER
   15  IS  RECEIVED.   IF THE DEFENDANT IS A NEWSPAPER OR A RADIO OR TELEVISION
   16  STATION, A COPY OF SUCH LETTER MUST ALSO BE SENT TO  ONE  NATIONAL  WIRE
   17  SERVICE  AND  ONE NEWSPAPER OF GENERAL CIRCULATION IN THE SAME COUNTY AS
   18  SUCH ALLEGED LIBELOUS OR SLANDEROUS STATEMENTS WERE PUBLISHED OR SPOKEN.
   19    NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TAPE RECORDINGS  WITH  THE
   20  DECEASED  MAY  BE  ADMITTED AS EVIDENCE SUBJECT TO ALL OTHER EVIDENTIARY
   21  STANDARDS.
   22    S 2. Section 215 of the civil practice law and  rules  is  amended  by
   23  adding a new subdivision 9 to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05126-01-1
       S. 1190                             2
    1    9. AN ACT FOR A DECLARATORY JUDGMENT OF LIBEL OR SLANDER OF A DECEDENT
    2  PURSUANT TO SECTION SEVENTY-EIGHT-A OF THE CIVIL RIGHTS LAW.
    3    S  3. This act shall take effect immediately and shall only apply to a
    4  libel or slander made on or after such effective date.