Bill Text: NY S01280 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1280 (Prior Session Legislation)

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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S01280 Detail]

Download: New_York-2019-S01280-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1280
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        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:
     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