NY State Senate Bill 2021-S87

Senate Bill S87

2021-2022 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Jan 06, 2021	referred to judiciary

2021-S87 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §1411-a, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2528
2013-2014: S598
2015-2016: S2407
2017-2018: S2668
2019-2020: S1280
2023-2024: S144

2021-S87 (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.

2021-S87 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S87                   Revised 1/7/2021

SPONSOR: GIANARIS
 
TITLE OF BILL:

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

 
PURPOSE:

 
SUMMARY OF 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.

 
EXISTING LAW:

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.

 
LEGISLATIVE HISTORY:

2019-20: Died in Judiciary/Died in Judiciary (Assembly)

2017-8: Died in Judiciary

2016: Died in Judiciary

2015: Died in Judiciary

2014: Died in Judiciary

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 Commit-
tee

2010: Assembly Bill 3634 (Gianaris) -Died in Assembly Judiciary Commit-
tee

2008: Assembly Bill 4261 (Gianaris)- Died in Assembly Judiciary Commit-
tee

2006: Assembly Bill 9512 (Gianaris)- Died in Assembly Judiciary Commit-
tee

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

 
LOCAL FISCAL IMPLICATIONS:

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

2021-S87 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    87
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 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:
   § 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.
   § 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.
                                                            LBD03083-01-1

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