STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4460
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 19, 2003
                                       ___________
 
        Introduced by M. of A. HAYES, NESBITT, CALHOUN, KOLB, LABRIOLA, MILLS --
          Multi-Sponsored  by  --  M.  of  A. ACAMPORA, ALFANO, BACALLES, BARRA,
          BURLING, CROUCH, ERRIGO, FERRARA, FINCH,  OAKS,  O'CONNELL,  PRENTISS,
          STRANIERE, TOWNSEND, WINNER -- read once and referred to the Committee
          on Codes
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 1411-a to read as follows:
     3    §  1411-a.  Assumption of risk by persons convicted of a crime. 1.  In
     4  any action to recover damages for personal injury or injury to property,
     5  in the event that the personal injury or  injury  to  property  occurred
     6  while  the  claimant  was  engaged  in  conduct  constituting a crime as
     7  defined in subdivision six of section 10.00 of the penal law or  immedi-
     8  ate  flight therefrom and thereafter a conviction for an offense arising
     9  out of such conduct was obtained  against  the  claimant,  the  culpable
    10  conduct  attributable to the claimant, including contributory negligence
    11  or assumption of risk shall bar recovery from the person or other entity
    12  who was the object of the claimant's criminal conduct.
    13    2. If the claimant does not prevail in a civil action pursuant to this
    14  section, the court shall award reasonable expenses,  including  but  not
    15  limited  to attorneys' fees and disbursements, to the person who was the
    16  object of the claimant's criminal conduct.
    17    § 2. This act shall take effect immediately and shall apply  to  inju-
    18  ries occurring on or after such effective date.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06792-01-3