Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 05, 2024 |
referred to judiciary |
Senate Bill S8485
2023-2024 Legislative Session
Sponsored By
(D, WF) 47th Senate District
Current Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R) 43rd Senate District
(R, C, IP, RFM) 24th Senate District
(R, C) 3rd Senate District
(R, C, IP) 62nd Senate District
2023-S8485 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9232
- Current Committee:
- Senate Judiciary
- Law Section:
- Estates, Powers and Trusts Law
- Laws Affected:
- Amd §§5-4.1, 5-4.3, 5-4.4 & 5-4.6, EPT L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2391, A2872
2011-2012: S2540, A4851
2013-2014: S551, A1001
2015-2016: S336, A164
2017-2018: S411, A1386
2019-2020: S4006, A5612
2021-2022: S74, A6770
2023-S8485 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8485 SPONSOR: HOYLMAN-SIGAL TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to the payment and distribution of damages in wrongful death actions PURPOSE OF BILL: This bill would permit the families of wrongful death victims to recover compensation for their emotional anguish. SUMMARY OF PROVISIONS OF BILL: Section 1 amends EPTL section 5-4.1 to extend the time permitted to bring a wrongful death action by one year and six months. Section 2 amends EPTL section 5-4.3, to permit recovery of damages for emotional loss when a tortfeasor is found liable for causing a death. Current law allows recovery of pecuniary loss only, thus making it impossible for close family members to receive any compensation for
2023-S8485 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8485 I N S E N A T E February 5, 2024 ___________ Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the estates, powers and trusts law, in relation to the payment and distribution of damages in wrongful death actions THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of section 5-4.1 of the estates, powers and trusts law, as amended by chapter 114 of the laws of 2003, is amended to read as follows: 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent [who is survived by distributees] may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within [two] THREE years after the decedent's death[; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent's death]. When the [distributees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT do not participate in the administration of the decedent's estate under a will appointing an executor who refuses to bring such action, the [distribu- tees] PERSONS FOR WHOSE BENEFIT AN ACTION PURSUANT TO THIS PART MAY BE BROUGHT are entitled to have an administrator appointed to prosecute the action for their benefit. § 2. Paragraph (a) of section 5-4.3 of the estates, powers and trusts law, as amended by chapter 100 of the laws of 1982, is amended to read as follows: (a) The damages awarded to the plaintiff may be such sum as the jury or, where issues of fact are tried without a jury, the court or referee deems to be fair and just compensation for the [pecuniary] injuries resulting from the decedent's death to the persons for whose benefit the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Thank you.