New York A 7462: Relates to additional damages recoverable for the use of a deadly weapon

Bill Text

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A07462 Summary:

BILL NOA07462 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORLavine

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §5-4.3, EPT L

&nbsp

Permits additional damages recoverable for the use of a deadly weapon resulting in death.

Go to top A07462 Actions:

BILL NOA07462 

&nbsp

03/28/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA07462 Committee&nbspVotes:

Go to topA07462 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07462 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7462

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 28, 2025
 ___________

 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.
 LBD05569-01-5

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