NY State Senate Bill 2019-S1280

Senate Bill S1280

2019-2020 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

Archive: Last Bill Status - In Senate Committee Judiciary 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Jan 14, 2019	referred to judiciary

2019-S1280 (ACTIVE) - Details

See Assembly Version of this Bill:: A814
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §1411-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3634
2011-2012: S2528, A4751
2013-2014: S598, A2198
2015-2016: S2407, A2783
2017-2018: S2668, A4185
2021-2022: S87
2023-2024: S144

2019-S1280 (ACTIVE) - Summary

Bars completely 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.

2019-S1280 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1280

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
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:

2016: Died in Judiciary

2015: Died in Judiciary

2014: Died in Judiciary

2013: Senate Bill 598 (Gianaris) - Died in Senate Judiciary Committee

2012: Senate Bill 2528 (Gianaris) - Died in Senate Judiciary Committee

2012: Assembly Bill 4751 (Simotas) - Died in Assembly Judiciary Commit-
tee

2010: Assembly Bill 3634 (Gianaris) -Died in Assembly Judiciary Commit-
tee

2008: Assembly Bill 4261 (Gianaris)- Died in Assembly Judiciary Commit-
tee

2006: Assembly Bill 9512 (Gianaris)- Died in Assembly Judiciary Commit-
tee

2005: Assembly Bill 5602 (Seddio)- Died in Assembly Codes Committee

2004: Assembly Bill 7956 (Seddio)- Died in Assembly Codes Committee

2002: Senate Bill 51 (Maltese) - Died in Senate Codes Committee

2002: Assembly Bill 116 (Seddio) - Died in Assembly Codes Committee

2000: Senate Bill 2164 (Maltese) - Died in Senate Codes Committee

2000: Assembly Bill 9519 (Seddio) - Died in Assembly Codes Committee

 
FISCAL IMPLICATIONS:
None.

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

2019-S1280 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1280
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 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:
   § 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.
   § 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.
                                                            LBD01479-01-9

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