|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Jan 09, 2013||referred to codes|
senate Bill S1154
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1154 - Details
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
BILL NUMBER:S1154 TITLE OF BILL: 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 declaratory judgment of libel or slander of a decedent PURPOSE: To protect the deceased from defamation. SUMMARY OF PROVISIONS: This legislation amends the Civil Rights Law to add a new section 78-a which would provide that a cause of action for a declaratory judgment 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 the decedent's death. Any such action must be commenced within one year of the date of the alleged libel or slander, pursuant to section 215 of the Civil Practice Law and Rules, Prior to the commencement of such action, the spouse, parent or child must request a retraction of such statements by registered or certified letter. In such letter, the spouse, parent or child must set forth, in general terms, their objections to such statements, If such statements were made by a newspaper, 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
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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