NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1871
SPONSOR: Lavine 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.
JUSTIFICATION:
The loss of a loved one due to an intentional and premediated act of
violence causes extreme emotional devastation to the family left behind.
Current law limits recovery of damages in a civil action to actual
economic damages, and does not account for things such as grief and
anguish of the survivors. By expanding the recoverable damages for these
types of wrongful death actions, the state can deter future criminal
behaviors while at the same time ensuring that the victim's family has
additional financial resources at their disposal.
LEGISLATIVE HISTORY:
2019-20 A8770/S6803 referred to Judiciary
2021-22 A4140/S965 referred to Judiciary
FISCAL IMPLICATIONS:
None to the state
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
1871
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. LAVINE -- read once and referred 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:
1 Section 1. Section 5-4.3 of the estates, powers and trusts law is
2 amended by adding a new paragraph (a-1) to read as follows:
3 (a-1) In addition to the damages and expenses recoverable under para-
4 graph (a) of this section, in any action in which the wrongful act
5 involves the intentional and pre-meditated use of a deadly weapon as
6 defined in subdivision twelve of section 10.00 of the penal law, fair
7 compensation for the following damages may also be recovered:
8 (i) grief or anguish caused by the decedent's death, and for any
9 disorder caused by such grief or anguish;
10 (ii) loss of love, society, protection, comfort, companionship, and
11 consortium resulting from the decedent's death; and
12 (iii) loss of nurture, guidance, counsel, advice, training, and educa-
13 tion resulting from the decedent's death.
14 Interest upon the principal sum recovered by the plaintiff from the
15 date of the decedent's death shall be added to and be part of the total
16 sum awarded.
17 § 2. This act shall take effect immediately and shall apply to all
18 actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02800-01-3
