senate Bill S2528

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 25, 2011 referred to codes

S2528 - Bill Details

See Assembly Version of this Bill:
A4751
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1411-a, CPLR
Versions Introduced in 2009-2010 Legislative Session:
A3634

S2528 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S2528

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:
None.

FISCAL IMPLICATIONS:
None.

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

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2528

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 25, 2011
                               ___________

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

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.
                                                           LBD05756-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. 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.