senate Bill S6803

2019-2020 Legislative Session

Relates to additional damages recoverable for the use of a deadly weapon

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • 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, 2020 referred to judiciary
Oct 25, 2019 referred to rules

S6803 (ACTIVE) - Details

See Assembly Version of this Bill:
A8770
Current Committee:
Senate Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Amd §5-4.3, EPT L

S6803 (ACTIVE) - Summary

Relates to additional damages recoverable for the use of a deadly weapon.

S6803 (ACTIVE) - Sponsor Memo

S6803 (ACTIVE) - Bill Text download pdf 


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

                                  6803

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            October 25, 2019
                               ___________

Introduced  by Sen. GAUGHRAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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

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