S T A T E O F N E W Y O R K
________________________________________________________________________
5304
2017-2018 Regular Sessions
I N A S S E M B L Y
February 7, 2017
___________
Introduced by M. of A. AUBRY -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to admis-
sibility of certain evidence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 4513-a to read as follows:
§ 4513-A. STATEMENT UNDER BELIEF OF IMPENDING DEATH. STATEMENTS MADE
UNDER THE BELIEF OF IMPENDING DEATH BY A DECEASED PERSON ARE ADMISSIBLE
IN EVIDENCE IN ALL CIVIL AND CRIMINAL TRIALS AND OTHER PROCEEDINGS
BEFORE COURTS, COMMISSIONS AND OTHER TRIBUNALS TO THE SAME EXTENT AND
FOR THE SAME PURPOSES THAT THEY MIGHT HAVE BEEN ADMISSIBLE HAD THE
DECEASED SURVIVED AND BEEN SWORN AS WITNESS IN THE PROCEEDINGS, UNDER
THE FOLLOWING RESTRICTIONS. TO RENDER THE STATEMENTS OF THE DECEASED
COMPETENT EVIDENCE, IT MUST BE SATISFACTORILY PROVED:
1. THAT AT THE TIME OF THE MAKING OF SUCH STATEMENT THE DECLARANT WAS
CONSCIOUS OF APPROACHING DEATH AND BELIEVED THERE WAS NO HOPE FOR RECOV-
ERY;
2. THAT SUCH STATEMENT WAS VOLUNTARILY MADE, AND NOT THROUGH THE
PERSUASION OF ANY PERSON;
3. THAT SUCH STATEMENT WAS NOT MADE IN ANSWER TO INTERROGATORIES
CALCULATED TO LEAD THE DECEASED TO MAKE ANY PARTICULAR STATEMENT; AND
4. THAT THE DECLARANT WAS OF SOUND MIND AT THE TIME OF MAKING THE
DECLARATION.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08761-01-7