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S1280Senate2019-2020 SessionSame asA814

Block Criminals' Injury Lawsuits

Official title

“Bars recovery for personal injuries incurred by persons committing crimes from the victim or person acting on behalf of the victim”

Sponsor Michael GianarisSD-12Affects Legal
Status
In Senate Committee
Judiciary
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill bars individuals convicted of a crime from recovering damages for injuries sustained while committing or fleeing that crime.

Why it matters

  1. Limits civil lawsuits by individuals injured while committing a crime. If someone is hurt during the act of committing a crime or while fleeing, and is later convicted, they cannot sue the victim (or the victim’s representatives) for damages related to those injuries. This could reduce the number of civil lawsuits brought by people convicted of crimes against their victims.

  2. Shifts legal protections toward victims. By barring civil recovery for convicted offenders, the law strengthens legal protections for victims, potentially reducing their exposure to lawsuits from individuals who were injured during the commission of a crime against them.

  3. Could deter lawsuits based on criminal incidents. This change may discourage convicted individuals (and their attorneys) from pursuing civil claims related to injuries sustained during criminal acts, potentially reducing court caseloads and legal costs for both courts and victims.

  4. Introduces a “conviction requirement”. The bar to recovery only applies if the person is convicted of the crime, making criminal adjudication a prerequisite. This means the law doesn’t apply to those merely accused or suspected, providing a safeguard against unjust denial of claims.

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Who cares

  • Crime victims

    The bill would bar personal injury damages against them when the claimant was injured while committing a crime or fleeing immediately afterward and was convicted of that crime.

  • People acting on behalf of crime victims

    They would receive the same protection from personal injury claims by people convicted of the crime during which they were injured or immediately fled.

  • People convicted of crimes

    They would lose the ability to recover personal injury damages from the victim or anyone acting on the victim’s behalf for injuries sustained during the crime or immediate flight.

  • Personal injury attorneys

    The bill would establish a complete bar to recovery in covered cases, applying to injuries occurring on or after its effective date.

Headline styles

Block Criminals' Injury Lawsuits

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Michael Gianaris

Senator · Senate District 12

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A814Assembly

No Lawsuits by Criminals

In Assembly Committee · Judiciary · Sponsor Aravella Simotas

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1280

2019-2020 Regular Sessions

IN SENATE

January 14, 2019

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.

LBD01479-01-9

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 estab- lishing 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 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.

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.