A06316 Summary:
| BILL NO | A06316 |
| SAME AS | No Same As |
| SPONSOR | Romero |
| COSPNSR | |
| MLTSPNSR | |
| Add §4513-a, CPLR | |
| Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death. | |
A06316 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 6316 2025-2026 Regular Sessions IN ASSEMBLY March 4, 2025 ___________ Introduced by M. of A. ROMERO -- 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: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 4513-a to read as follows: 3 § 4513-a. Statement under belief of impending death. Statements made 4 under the belief of impending death by a deceased person are admissible 5 in evidence in all civil and criminal trials and other proceedings 6 before courts, commissions and other tribunals to the same extent and 7 for the same purposes that they might have been admissible had the 8 deceased survived and been sworn as witness in the proceedings, under 9 the following restrictions. To render the statements of the deceased 10 competent evidence, it must be satisfactorily proved: 11 1. That at the time of the making of such statement the declarant was 12 conscious of approaching death and believed there was no hope for recov- 13 ery; 14 2. That such statement was voluntarily made, and not through the 15 persuasion of any person; 16 3. That such statement was not made in answer to interrogatories 17 calculated to lead the deceased to make any particular statement; and 18 4. That the declarant was of sound mind at the time of making the 19 declaration. 20 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08720-01-5