Assembly Bill A3914

2009-2010 Legislative Session

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

download bill text pdf

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

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-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

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.