senate Bill S598

2013-2014 Legislative Session

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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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S598 - Details

See Assembly Version of this Bill:
A2198
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1411-a, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2528, A4751
2009-2010: A3634

S598 - 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.

S598 - Sponsor Memo

S598 - Bill Text download pdf

                    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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