Bill S598-2013

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.

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  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 9, 2013: REFERRED TO JUDICIARY

Memo

BILL NUMBER:S598

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: 2012: Senate Bill 2528 (Gianaris) - Died in Senate Judiciary Committee 2012: Assembly Bill 4751 (Simotas) - Died in Assembly Judiciary Committee 2010: Assembly Bill 3634 (Gianaris) - Died in Assembly Judiciary Committee 2008: Assembly Bill 4261 (Gianaris) Died in Assembly Judiciary Committee 2006: Assembly Bill 9512 (Gianaris) Died in Assembly Judiciary Committee 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 598 2013-2014 Regular Sessions IN SENATE (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.

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