What's happening
This bill bars anyone convicted of a crime from suing for injuries sustained while committing or fleeing that crime.
Why it matters
Limits civil liability for crime victims and their representatives. , potentially reducing the threat of lawsuits from individuals injured during the commission or flight from a crime, if those individuals are convicted.
May deter frivolous or controversial lawsuits. by making it clear that those injured while committing crimes cannot seek damages, which could address cases where criminals attempt to sue property owners or victims for injuries sustained during criminal acts.
Raises questions about proportionality and exceptions. , as the bar applies regardless of the circumstances or severity of the crime, potentially affecting cases where the use of force or injury is disproportionate to the crime committed.
Could impact the willingness of victims and bystanders to intervene or defend themselves. , knowing they are less likely to face civil suits from offenders, but also may reduce legal scrutiny over excessive or negligent responses to criminal acts.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
No Lawsuits For Criminals
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Payouts to Criminals
In Assembly Committee · Judiciary · Sponsor Aravella Simotas
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2668
2017-2018 Regular Sessions
IN SENATE
January 17, 2017
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 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.
Sponsor's memo
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
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.