Bill Text: NY A00814 | 2019-2020 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced) 2019-01-11 - referred to judiciary [A00814 Detail]

Download: New_York-2019-A00814-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           814
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 11, 2019
                                       ___________
        Introduced  by M. of A. SIMOTAS, GUNTHER, MONTESANO, ZEBROWSKI, BARNWELL
          -- Multi-Sponsored by -- M. of A. CROUCH, GLICK, JOHNS  --  read  once
          and referred 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:
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 1411-a to read as follows:
     3    §  1411-a.  Assumption of risk by persons convicted of a crime. In any
     4  action to recover damages for personal injury, when such injury occurred
     5  while the claimant was engaged in the commission of a crime or immediate
     6  flight therefrom, the claimant shall be completely barred from  recovery
     7  of any damages from the victim or anyone acting on behalf of the victim,
     8  if such claimant was convicted of such crime.
     9    §  2.  This act shall take effect immediately and shall apply to inju-
    10  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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