Bill Text: NY A02783 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A02783 Detail]

Download: New_York-2015-A02783-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2783
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2015
                                      ___________
       Introduced  by M. of A. SIMOTAS, GUNTHER, MONTESANO, ZEBROWSKI -- 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    S  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    S  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.
                                                                  LBD07133-01-5