NY State Senate Bill 2015-S2407

Senate Bill S2407

2015-2016 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

Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 23, 2015	referred to judiciary

2015-S2407 (ACTIVE) - Details

See Assembly Version of this Bill:: A2783
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §1411-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: A3634
2011-2012: S2528, A4751
2013-2014: S598, A2198
2017-2018: S2668, A4185
2019-2020: S1280, A814
2021-2022: S87
2023-2024: S144

2015-S2407 (ACTIVE) - Summary

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.

2015-S2407 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2407

TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
establishing a complete bar to recovery by persons injured while
committing a crime

SUMMARY OF SPECIFIC PROVISIONS:

Section 1411-a of the civil practice law and rules bars the recovery
of damages for personal injury by one convicted of a crime when injury
occurred during the commission of said crime.

JUSTIFICATION:

In many instances, criminals have successfully sued for injuries they
have received during the commission of a crime. Not only does this
make a mockery of our justice system, but it also deters good
samaritans from assisting those innocent victims in the process of
being violated.

PRIOR LEGISLATIVE HISTORY:

2013: Senate Bill #598 (Gianaris) - Died in Senate Judiciary Committee
2012: Senate Bill #2528 (Gianaris) - Died in Senate Judiciary

Committee
2012: Assembly Bill #4751 (Simotas) - Died in Assembly Judiciary
Committee
2010: Assembly Bill #3634 (Gianaris) - Died in Assembly Judiciary
Committee
2008: Assembly Bill #4261 (Gianaris) - Died in Assembly Judiciary
Committee
2006: Assembly Bill #9512 (Gianaris) - Died in Assembly Judiciary
Committee
2005: Assembly Bill #5602 (Seddio) - Died in Assembly Codes Committee
2004: Assembly Bill #7956 (Seddio) - Died in Assembly Codes Committee
2002: Senate Bill #51 (Maltese) - Died in Senate Codes Committee
2002: Assembly Bill #116 (Seddio) - Died in Assembly Codes Committee
2000: Senate Bill #2164 (Maltese) - Died in Senate Codes Committee
2000: Assembly Bill #9519 (Seddio) - Died in Assembly Codes Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall apply to injuries
occurring on or after such effective date.

2015-S2407 (ACTIVE) - Bill Text download pdf

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

                                  2407

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

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:

  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.
                                                           LBD07133-01-5

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