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.
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.
STATE OF NEW YORK ________________________________________________________________________ 2528 2011-2012 Regular Sessions IN SENATE 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