What's happening
This bill bars individuals convicted of a crime from suing for injuries sustained while committing that crime or fleeing from it.
Why it matters
Limits legal recourse for convicted individuals. People who are hurt while committing a crime—or fleeing from it—cannot sue the victim or anyone helping the victim for damages, if they are convicted of that crime. This could deter lawsuits that some might see as unfair or exploitative.
Shifts liability and responsibility. The bill protects victims and bystanders from civil liability for injuries sustained by the perpetrator during the crime, potentially reducing legal and financial burdens on those who were targeted or assisting at the time.
Could impact plea bargaining and criminal defense. Because the bar applies only after a conviction, it may influence a defendant’s willingness to plead guilty or contest charges, knowing a conviction would eliminate the possibility of recovering damages for any injuries sustained.
Raises questions about exceptions and edge cases. The bill does not specify exceptions for excessive force, mistaken identity, or situations where the victim’s conduct might also be questionable—potentially complicating cases where the facts are contested or where both parties bear some responsibility.
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 by 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.
Block Criminals' Injury Lawsuits
In Senate Committee · Judiciary · Sponsor Michael Gianaris
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
814
2019-2020 Regular Sessions
IN ASSEMBLY
January 11, 2019
Introduced by M. of A. SIMOTAS, GUNTHER, MONTESANO, ZEBROWSKI, BARNWELL -- 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.
LBD01479-01-9
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.