Assembly Bill A1658

2023-2024 Legislative Session

Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2023-A1658 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §4513-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A1338
2011-2012: A2972
2013-2014: A2936
2015-2016: A3903
2017-2018: A5304
2019-2020: A4028
2021-2022: A2338

2023-A1658 (ACTIVE) - Summary

Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death.

2023-A1658 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1658
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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.
                                                            LBD03928-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.