S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3903

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2015
                               ___________

Introduced by M. of A. WRIGHT -- 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:

  Section 1. The civil practice law and rules is amended by adding a new
section 4517-a to read as follows:
  S  4517-A.  STATEMENT UNDER BELIEF OF IMPENDING DEATH. STATEMENTS MADE
UNDER THE BELIEF OF IMPENDING DEATH BY A DECEASED PERSON ARE  ADMISSIBLE
IN  EVIDENCE  IN  ALL  CIVIL  AND  CRIMINAL TRIALS AND OTHER PROCEEDINGS
BEFORE COURTS, COMMISSIONS AND OTHER TRIBUNALS TO THE  SAME  EXTENT  AND
FOR  THE  SAME  PURPOSES  THAT  THEY  MIGHT HAVE BEEN ADMISSIBLE HAD THE
DECEASED SURVIVED AND BEEN SWORN AS WITNESS IN  THE  PROCEEDINGS,  UNDER
THE  FOLLOWING  RESTRICTIONS.  TO  RENDER THE STATEMENTS OF THE DECEASED
COMPETENT EVIDENCE, IT MUST BE SATISFACTORILY PROVED:
  1. THAT AT THE TIME OF THE MAKING OF SUCH STATEMENT THE DECLARANT  WAS
CONSCIOUS OF APPROACHING DEATH AND BELIEVED THERE WAS NO HOPE FOR RECOV-
ERY;
  2.  THAT  SUCH  STATEMENT  WAS  VOLUNTARILY  MADE, AND NOT THROUGH THE
PERSUASION OF ANY PERSON;
  3. THAT SUCH STATEMENT WAS  NOT  MADE  IN  ANSWER  TO  INTERROGATORIES
CALCULATED TO LEAD THE DECEASED TO MAKE ANY PARTICULAR STATEMENT; AND
  4.  THAT  THE  DECLARANT  WAS  OF SOUND MIND AT THE TIME OF MAKING THE
DECLARATION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04968-01-5