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
