What's happening
This bill allows for additional damages, including grief and loss of companionship, in wrongful death cases involving premeditated deadly weapon use.
Why it matters
Expands the types of damages. families can recover when a loved one is killed by the intentional and premeditated use of a deadly weapon—covering grief, anguish, and psychological suffering, not just economic losses.
Acknowledges the emotional and relational impact of violent deaths. by explicitly allowing compensation for loss of companionship, guidance, and support, which often affect survivors long after financial damages are addressed.
Creates a higher financial liability for perpetrators. in particularly egregious wrongful death cases, potentially acting as a stronger deterrent for premeditated deadly violence.
Applies to future wrongful death lawsuits. (not retroactively), so families in new cases involving deadly weapons could see significantly larger and more comprehensive awards.
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Who cares
Families of people killed through intentional, premeditated use of a deadly weapon
The bill would allow recovery for grief, anguish, related disorders and loss of companionship in wrongful death actions.
Children of victims
Recoverable damages would include loss of nurture, guidance, counsel, advice, training and education resulting from the death.
Wrongful death attorneys
The bill would expand available damages in qualifying actions commenced on or after its effective date and require interest from the date of death.
Defendants in qualifying wrongful death actions
They could face additional damages for emotional and relationship losses when the wrongful act involves intentional, premeditated use of a deadly weapon.
Headline styles
More Damages for Deadly Weapons
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Damages for Deadly Weapons
In Assembly Committee · Judiciary · Sponsor Charles Lavine
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6803
2019-2020 Regular Sessions
IN SENATE
October 25, 2019
Introduced by Sen. GAUGHRAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the estates, powers and trusts law, in relation to additional damages recoverable for the use of a deadly weapon
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 5-4.3 of the estates, powers and trusts law is amended by adding a new paragraph (a-1) to read as follows:
(a-1) In addition to the damages and expenses recoverable under paragraph (a) of this section, in any action in which the wrongful act involves the intentional and pre-meditated use of a deadly weapon as defined in subdivision twelve of section 10.00 of the penal law, fair compensation for the following damages may also be recovered:
(i) grief or anguish caused by the decedent's death, and for any disorder caused by such grief or anguish;
(ii) loss of love, society, protection, comfort, companionship, and consortium resulting from the decedent's death; and
(iii) loss of nurture, guidance, counsel, advice, training, and education resulting from the decedent's death.
Interest upon the principal sum recovered by the plaintiff from the date of the decedent's death shall be added to and be part of the total sum awarded.
§ 2. This act shall take effect immediately and shall apply to all actions commenced on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13911-04-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 premeditated 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
New Bill.
Fiscal implications
None to the state
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.