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Assembly Bill A3914

2009-2010 Legislative Session

Prohibits recovery in tort in favor of those injured while driving drunk or committing a felony; repealer

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Archive: Last Bill Status - In Assembly Committee

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2009-A3914 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Rpld & add ยง1413, CPLR

2009-A3914 (ACTIVE) - Summary

Prohibits recovery in tort in favor of those injured while driving drunk or driving while ability is impaired by drugs.

2009-A3914 (ACTIVE) - Bill Text download pdf 

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

                                  3914

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by  M.  of  A.  KOON -- Multi-Sponsored by -- M. of A. COOK,
  HOOPER, LAVINE, MAYERSOHN, SWEENEY -- read once and  referred  to  the
  Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to prohib-
  iting  recovery  in tort in favor of those injured while driving drunk
  or committing a felony; and to repeal section 1413 of such law  relat-
  ing thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1413  of  the  civil  practice  law  and  rules  is
REPEALED and a new section 1413 is added to read as follows:
  S  1413. APPLICABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO
ACTION IN TORT MAY BE BROUGHT BY ANY PERSON, OR BY THE HEIRS  OR  REPRE-
SENTATIVES  OF  ANY  PERSON, FOR THE RECOVERY OF DAMAGES FOR INJURIES OR
DEATH RESULTING IN WHOLE OR IN PART FROM  THAT  PERSON'S  DRIVING  WHILE
INTOXICATED,  AS  DEFINED  IN SUBDIVISION TWO OR THREE OF SECTION ELEVEN
HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW, OR DRIVING WHILE  HIS
OR  HER  ABILITY IS IMPAIRED BY DRUGS, AS DEFINED IN SUBDIVISION FOUR OF
SECTION ELEVEN HUNDRED NINETY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02238-01-9

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