Bill Text: NY S06803 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to additional damages recoverable for the use of a deadly weapon.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S06803 Detail]
Download: New_York-2019-S06803-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6803 2019-2020 Regular Sessions IN SENATE October 25, 2019 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. LBD13911-04-9