S2528-2011 - NY Senate Open Legislation - Bars recovery for personal injuries incurred by persons committing crimes from the victim or person acting on behalf of the victim

Bill S2528-2011

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

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.

Details

Same as: A4751-2011
Versions S2528-2011
Sponsor:GIANARIS
Committee: JUDICIARY
Law Section: Civil Practice Law and Rules
Law: Add §1411-a, CPLR

Actions

Jan 4, 2012: REFERRED TO JUDICIARY
Mar 8, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
Jan 25, 2011: REFERRED TO CODES

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.

Text


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

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