Assembly Bill A1236

2009-2010 Legislative Session

Establishes a bar to recovery by persons injured while committing a felony

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2009-A1236 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §1411-a, CPLR

2009-A1236 (ACTIVE) - Summary

Bars recovery for damages for any personal injury, injury to property or wrongful death sustained where the claimant was engaged in the commission of any felony act or in flight therefrom.

2009-A1236 (ACTIVE) - Bill Text download pdf 

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

                                  1236

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  SEMINERIO  --  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 bar to recovery by persons injured while committing a felony

  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 PERSON ENGAGED IN A FELONIOUS ACT,  OR
IN  FLIGHT  THEREFROM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THERE
SHALL BE NO RIGHT TO RECOVER DAMAGES FOR ANY PERSONAL INJURY, INJURY  TO
PROPERTY  OR  WRONGFUL  DEATH, SUSTAINED BY A CLAIMANT OR DECEDENT WHILE
ENGAGED IN THE COMMISSION OF ANY ACT OR ACTS  THAT  WOULD  CONSTITUTE  A
FELONY  UNDER  THE  PENAL LAW, OR IN FLIGHT THEREFROM. THE PROVISIONS OF
THIS SECTION SHALL APPLY TO ALL CLAIMS BROUGHT BY OR ON  BEHALF  OF  THE
CLAIMANT OR DECEDENT, ALL DERIVATIVE CLAIMS BY THE SPOUSE OR OTHER FAMI-
LY MEMBERS OF SUCH CLAIMANT OR DECEDENT, AND ALL CLAIMS FOR CONTRIBUTION
OR  COMMON-LAW INDEMNIFICATION, WHETHER BROUGHT IN THE SAME, OR ANOTHER,
ACTION.
  S 2. This act shall take effect immediately and  shall  apply  to  all
actions  and proceedings pending on or commenced on or after such effec-
tive date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01760-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.