What's happening
This bill bars anyone convicted of a crime from suing for injuries sustained while committing that crime or fleeing from it.
Why it matters
Limits legal recourse for injured offenders. This bill removes the ability for individuals convicted of a crime to sue for injuries that occur while committing that crime or escaping from it, even if those injuries were caused by the intended victim or someone defending them.
Shifts legal protections toward victims. By barring lawsuits from convicted offenders, the bill aims to further protect victims and their defenders from potential civil liability, reducing the risk that they could face financial consequences for actions taken in self-defense or during a crime.
Potential deterrent effect. The law could discourage would-be offenders by signaling that participation in criminal activity eliminates certain legal protections, possibly reducing frivolous or opportunistic lawsuits related to injuries sustained during criminal acts.
Impacts on civil justice and accountability. The bill could raise concerns about accountability in cases where excessive force is used, as it eliminates the possibility of civil redress for convicted individuals, even if their injuries result from disproportionate or illegal responses.
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Who cares
Headline styles
No Payouts to Criminals
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
No Lawsuits For Criminals
In Senate Committee · Judiciary · Sponsor Michael Gianaris
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4185
2017-2018 Regular Sessions
IN ASSEMBLY
February 1, 2017
Introduced by M. of A. SIMOTAS, GUNTHER, MONTESANO, ZEBROWSKI -- Multi- Sponsored by -- M. of A. CROUCH, GLICK, JOHNS -- read once and referred to the Committee on Judiciary
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
The People of the State of New York, represented in Senate and Assembly, 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 injuries occurring on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04149-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.