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