Assembly Bill A2198

2013-2014 Legislative Session

Bars recovery for personal injuries incurred by persons committing crimes from the victim or person acting on behalf of the victim

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Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A2198 (ACTIVE) - Details

See Senate Version of this Bill:
S598
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1411-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A3634
2011-2012: A4751, S2528
2015-2016: A2783, S2407
2017-2018: A4185, S2668
2019-2020: A814, S1280
2021-2022: S87
2023-2024: S144

2013-A2198 (ACTIVE) - Summary

Completely bars the recovery of damages from the victim or a person acting on behalf of the victim for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom.

2013-A2198 (ACTIVE) - Bill Text download pdf

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

                                  2198

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. SIMOTAS, GUNTHER, ZEBROWSKI, MONTESANO -- Multi-
  Sponsored by -- M. of  A.  CROUCH,  GLICK,  JOHNS  --  read  once  and
  referred to the Committee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to estab-
  lishing a complete bar to recovery by persons injured while committing
  a crime

  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 1411-a to read as follows:
  S  1411-A.  ASSUMPTION OF RISK BY PERSONS CONVICTED OF A CRIME. IN ANY
ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY, WHEN SUCH INJURY OCCURRED
WHILE THE CLAIMANT WAS ENGAGED IN THE COMMISSION OF A CRIME OR IMMEDIATE
FLIGHT THEREFROM, THE CLAIMANT SHALL BE COMPLETELY BARRED FROM  RECOVERY
OF ANY DAMAGES FROM THE VICTIM OR ANYONE ACTING ON BEHALF OF THE VICTIM,
IF SUCH CLAIMANT WAS CONVICTED OF SUCH CRIME.
  S  2.  This act shall take effect immediately and shall apply to inju-
ries occurring on or after such effective date.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01661-01-3


              

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