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
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.
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.
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.
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
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 Lawsuits by 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
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.