Assembly Bill A3634

2009-2010 Legislative Session

Bars recovery for personal injuries incurred by persons committing crimes from the victim or person acting on behalf of the victim

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3634 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง1411-a, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A4751
2013-2014: A2198
2015-2016: A2783
2017-2018: A4185
2019-2020: A814

2009-A3634 (ACTIVE) - Summary

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.

2009-A3634 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3634

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced by M. of A. GIANARIS, DelMONTE, SCHIMMINGER, GALEF, BENJAMIN,
  ESPAILLAT,  GABRYSZAK  --  Multi-Sponsored  by  --  M.  of  A. ALFANO,
  BACALLES, BARRA, BURLING, CALHOUN,  CANESTRARI,  CHRISTENSEN,  COLTON,
  CONTE,  ENGLEBRIGHT,  GUNTHER,  HOOPER, JOHN, V. LOPEZ, MAGEE, MARKEY,
  MAYERSOHN, MILLER, O'MARA,  ORTIZ,  PERRY,  PHEFFER,  QUINN,  SWEENEY,
  TEDISCO,  THIELE,  TOWNS,  TOWNSEND  --  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:

  Section 1. The civil practice law and rules is amended by adding a new
section 1411-a to read as follows:
  S 1411-A. ASSUMPTION OF RISK BY PERSONS CONVICTED OF A CRIME.  IN  ANY
ACTION TO RECOVER DAMAGES FOR PERSONAL INJURY, WHEN SUCH INJURY OCCURRED
WHILE THE CLAIMANT WAS ENGAGED IN THE COMMISSION OF A CRIME OR IMMEDIATE
FLIGHT  THEREFROM, THE CLAIMANT SHALL BE COMPLETELY BARRED FROM RECOVERY
OF ANY DAMAGES FROM THE VICTIM OR ANYONE ACTING ON BEHALF OF THE VICTIM,
IF SUCH CLAIMANT WAS CONVICTED OF SUCH CRIME.
  S 2. This act shall take effect immediately and shall apply  to  inju-
ries occurring on or after such effective date.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05747-01-9

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