STATE OF NEW YORK
        ________________________________________________________________________
 
                                           571
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2003
                                       ___________
 
        Introduced by Sens. BRESLIN, HASSELL-THOMPSON, KRUGER, SAMPSON, STACHOW-
          SKI,  STAVISKY  -- read twice and ordered printed, and when printed to
          be committed to the Committee on Codes
 
        AN ACT to amend the civil rights law and  the  civil  practice  law  and
          rules,  in relation to the accrual of a cause of action for a declara-
          tory judgment of libel or slander of a decedent
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.    The civil rights law is amended by adding a new section
     2  78-a to read as follows:
     3    § 78-a.  Cause of action for a declaratory judgment of libel or  slan-
     4  der  of  a decedent.  A cause of action for a declaratory judgment shall
     5  accrue to the spouse, parent or child of a decedent as  a  result  of  a
     6  libel  or  slander  that  occurred  after,  but within five years of the
     7  decedent's death.  Any such action must be  commenced  within  one  year
     8  pursuant  to  section  two hundred fifteen of the civil practice law and
     9  rules.  Prior to the commencement of such  action,  the  plaintiff  must
    10  request  a  retraction of such alleged libelous or slanderous statements
    11  by a registered or certified letter, return receipt requested  from  the
    12  defendant.    In  such  letter, the plaintiff must set forth, in general
    13  terms, their objections to the alleged  libelous  or  slanderous  state-
    14  ments.    No action may be commenced until thirty days after such letter
    15  is received.  If the defendant is a newspaper or a radio  or  television
    16  station,  a  copy  of such letter must also be sent to one national wire
    17  service and one newspaper of general circulation in the same  county  as
    18  such alleged libelous or slanderous statements were published or spoken.
    19    Notwithstanding  any  other provision of law, tape recordings with the
    20  deceased may be admitted as evidence subject to  all  other  evidentiary
    21  standards.
    22    §  2.  Section  215  of the civil practice law and rules is amended by
    23  adding a new subdivision 9 to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05283-01-3

        S. 571                              2
 
     1    9. an act for a declaratory judgment of libel or slander of a decedent
     2  pursuant to section seventy-eight-a of the civil rights law.
     3    §  3. This act shall take effect immediately and shall only apply to a
     4  libel or slander made on or after such effective date.