BILL NUMBER: S8624
SPONSOR: MYRIE
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to permit-
ting courts to award punitive damages against an estate for sexual abuse
 
PURPOSE:
To amend the civil practice law and rules to allow for punitive damages
against an estate for sexual abuse.
 
SUMMARY OF PROVISIONS:
Section 1 amends the civil practice law and rules by adding a new
section 5254. Section 2 sets forth the effective date.
 
JUSTIFICATION:
The roots of barring punitive damages against estates lay not in legis-
lative, constitutional, or statutory action, but in common-law reasoning
that a claim is extinguished upon the death of the liable party. Yet in
other areas of New York law, including components of criminal and civil
forfeiture, civil rights, and consumer protection, among others, liabil-
ity is heightened or extended when a determination is made that society
benefits from such conduct being strongly deterred. Sexual abuse, traf-
ficking, and related sexual crimes fall squarely within that ambit, and
New York law should serve as both a shield of deterrence and sword of
justice against this abuse in all forms.
This bill seeks to codify the principle that victims of abuse should not
be robbed of vindication by the death of their abuser, nor should an
estate escape liability where that very estate may have helped facili-
tate abusive conduct.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all pending
actions and actions commenced on or after such date.