senate Bill S598

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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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

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.

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Bill Details

See Assembly Version of this Bill:
A2198
Versions:
S598
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1411-a, CPLR
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2528, A4751
2009-2010: A3634, A3634
2007-2008: A4261, A4261

Sponsor Memo

BILL NUMBER:S598

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to
establishing a complete bar to recovery by persons injured while
committing a crime

SUMMARY OF SPECIFIC PROVISIONS:
Section 1411-a of the civil practice law and rules bars the recovery
of damages for personal injury by one convicted of a crime when
injury occurred during the commission of said crime.

JUSTIFICATION:
In many instances, criminals have successfully sued for injuries they
have received during the commission of a crime. Not only does this
make a mockery of our justice system, but it also deters good
Samaritans from assisting those innocent victims in the process of
being violated.

PRIOR LEGISLATIVE HISTORY:
2012: Senate Bill
2528 (Gianaris) - Died in Senate Judiciary
Committee
2012: Assembly Bill
4751 (Simotas) - Died in Assembly
Judiciary Committee
2010: Assembly Bill
3634 (Gianaris) - Died in
Assembly Judiciary Committee
2008: Assembly Bill
4261 (Gianaris) -
Died in Assembly Judiciary Committee
2006: Assembly Bill
9512 (Gianaris) -
Died in Assembly Judiciary Committee
2005: Assembly Bill
5602 (Seddio) - Died in
Assembly Codes Committee
2004: Assembly Bill
7956 (Seddio) -
Died in Assembly Codes Committee
2002: Senate Bill
51 (Maltese) -
Died in Senate Codes Committee
2002: Assembly Bill
116 (Seddio) -
Died in Assembly Codes Committee
2000: Senate Bill
2164 (Maltese) -
Died in Senate Codes Committee
2000: Assembly Bill
9519 (Seddio) -
Died in Assembly Codes Committee

FISCAL IMPLICATIONS:
None.


EFFECTIVE DATE:
This act shall take effect immediately and shall apply to injuries
occurring on or after such effective date.

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

                                   598

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
  printed to be committed 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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