New York State Assembly

Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

---

A01658 Summary:

BILL NO	A01658
SAME AS	No Same As
SPONSOR	Aubry
COSPNSR
MLTSPNSR
Add §4513-a, CPLR
Codifies as an exception to the hearsay rule of evidence statements made under the belief of impending death.

Go to top    

---

A01658 Actions:

BILL NO	A01658
01/17/2023	referred to codes
01/03/2024	referred to codes

Go to top

---

A01658 Committee Votes:

Go to top

---

A01658 Floor Votes:

Go to top

---

A01658 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1658
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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:

     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.
                                                                   LBD03928-01-3

Go to top