Bill Text: NY S02528 | 2011-2012 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - REFERRED TO JUDICIARY [S02528 Detail]
Download: New_York-2011-S02528-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2528
2011-2012 Regular Sessions
I N S E N A T E
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:
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.
LBD05756-01-1
