senate Bill S1154

2013-2014 Legislative Session

Accrual of a cause of action for libel or slander of a decedent

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

Co-Sponsors

S1154 - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §78-a, Civ Rts L; amd §215, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1190
2009-2010: S421

S1154 - Summary

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.

S1154 - Sponsor Memo

S1154 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1154

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. BRESLIN, HASSELL-THOMPSON, KRUEGER, SAMPSON, STAVI-
  SKY -- read twice and ordered printed, and when printed to be  commit-
  ted 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:

  Section 1.  The civil rights law is amended by adding  a  new  section
78-a to read as follows:
  S  78-A.  CAUSE OF ACTION FOR A DECLARATORY JUDGMENT OF LIBEL OR SLAN-
DER OF A DECEDENT.  A CAUSE OF ACTION FOR A DECLARATORY  JUDGMENT  SHALL
ACCRUE  TO  THE  SPOUSE,  PARENT OR CHILD OF A DECEDENT AS A RESULT OF A
LIBEL OR SLANDER THAT OCCURRED AFTER,  BUT  WITHIN  FIVE  YEARS  OF  THE
DECEDENT'S  DEATH.    ANY  SUCH ACTION MUST BE COMMENCED WITHIN ONE YEAR
PURSUANT TO SECTION TWO HUNDRED FIFTEEN OF THE CIVIL  PRACTICE  LAW  AND
RULES.    PRIOR  TO  THE COMMENCEMENT OF SUCH ACTION, THE PLAINTIFF MUST
REQUEST A RETRACTION OF SUCH ALLEGED LIBELOUS OR  SLANDEROUS  STATEMENTS
BY  A  REGISTERED OR CERTIFIED LETTER, RETURN RECEIPT REQUESTED FROM THE
DEFENDANT.  IN SUCH LETTER, THE PLAINTIFF MUST  SET  FORTH,  IN  GENERAL
TERMS,  THEIR  OBJECTIONS  TO  THE ALLEGED LIBELOUS OR SLANDEROUS STATE-
MENTS.  NO ACTION MAY BE COMMENCED UNTIL THIRTY DAYS AFTER  SUCH  LETTER
IS  RECEIVED.   IF THE DEFENDANT IS A NEWSPAPER OR A RADIO OR TELEVISION
STATION, A COPY OF SUCH LETTER MUST ALSO BE SENT TO  ONE  NATIONAL  WIRE
SERVICE  AND  ONE NEWSPAPER OF GENERAL CIRCULATION IN THE SAME COUNTY AS
SUCH ALLEGED LIBELOUS OR SLANDEROUS STATEMENTS WERE PUBLISHED OR SPOKEN.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TAPE RECORDINGS  WITH  THE
DECEASED  MAY  BE  ADMITTED AS EVIDENCE SUBJECT TO ALL OTHER EVIDENTIARY
STANDARDS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01725-01-3

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