BILL NO A04751
SAME AS SAME AS S02528
SPONSOR Simotas
COSPNSR Reilly, Gunther, Zebrowski, Montesano, Rivera N, Meng
MLTSPNSR Crouch, Glick, Johns, Mayersohn, McKevitt
Add S1411-a, CPLR
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.
S T A T E O F N E W Y O R K
________________________________________________________________________
4751
2011-2012 Regular Sessions
I N A S S E M B L Y
February 7, 2011
___________
Introduced by M. of A. SIMOTAS -- read once and referred to the Commit-
tee 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.
LBD05756-01-1
