The New York State Senate

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

                                  8770

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            November 25, 2019
                               ___________

Introduced by M. of A. LAVINE -- read once and referred to the Committee
  on Judiciary

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:

  Section 1. Section 5-4.3 of the estates,  powers  and  trusts  law  is
amended by adding a new paragraph (a-1) to read as follows:
  (A-1)  IN ADDITION TO THE DAMAGES AND EXPENSES RECOVERABLE UNDER PARA-
GRAPH (A) OF THIS SECTION, IN ANY  ACTION  IN  WHICH  THE  WRONGFUL  ACT
INVOLVES  THE  INTENTIONAL  AND  PRE-MEDITATED USE OF A DEADLY WEAPON AS
DEFINED IN SUBDIVISION TWELVE OF SECTION 10.00 OF THE  PENAL  LAW,  FAIR
COMPENSATION FOR THE FOLLOWING DAMAGES MAY ALSO BE RECOVERED:
  (I)  GRIEF  OR  ANGUISH  CAUSED  BY  THE DECEDENT'S DEATH, AND FOR ANY
DISORDER CAUSED BY SUCH GRIEF OR ANGUISH;
  (II) LOSS OF LOVE, SOCIETY, PROTECTION,  COMFORT,  COMPANIONSHIP,  AND
CONSORTIUM RESULTING FROM THE DECEDENT'S DEATH; AND
  (III) LOSS OF NURTURE, GUIDANCE, COUNSEL, ADVICE, TRAINING, AND EDUCA-
TION RESULTING FROM THE DECEDENT'S DEATH.
  INTEREST  UPON  THE  PRINCIPAL SUM RECOVERED BY THE PLAINTIFF FROM THE
DATE OF THE DECEDENT'S DEATH SHALL BE ADDED TO AND BE PART OF THE  TOTAL
SUM AWARDED.
  §  2.  This  act  shall take effect immediately and shall apply to all
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