|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 05, 2022||referred to judiciary|
|Jan 06, 2021||referred to judiciary|
senate Bill S965
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S965 (ACTIVE) - Details
S965 (ACTIVE) - Sponsor Memo
BILL NUMBER: S965 SPONSOR: GAUGHRAN TITLE OF BILL: An act to amend the estates, powers and trusts law, in relation to addi- tional damages recoverable for the use of a deadly weapon PURPOSE: This bill would permit families of wrongful death victims whose claims arise out of the intentional and pre-meditated use of a deadly weapon to recover compensation for their emotional anguish. SUMMARY OF PROVISIONS: This bill amends the Estates, Powers and Trusts Law to permit recovery of non-economic damages in wrongful death cases arising out of the premeditated and intentional use of a deadly weapon. Current law limits damages for all wrongful death action to economic losses.
S965 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 965 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed 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. LBD03779-01-1
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