STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7956
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                      April 7, 2003
                                       ___________
 
        Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Seddio,
          M. Cohen, Calhoun, Galef, Smith, Sweeney, Acampora, Alfano,  Bacalles,
          Burling, Canestrari, Casale, Christensen, Conte, Englebright, Ferrara,
          Gunther,  Lafayette, Lavelle, Lopez, Magee, Markey, Mayersohn, Miller,
          Nolan, O'Connell, Ortiz, Ortloff, Perry, Pheffer, Schimminger,  Sidik-
          man,  Stephens,  Straniere,  Tedisco, Thiele, Towns, Townsend, Warner,
          Wirth) -- 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.  In  any
     4  action to recover damages for personal injury, when such injury occurred
     5  while the claimant was engaged in the commission of a crime or immediate
     6  flight  therefrom, the claimant shall be completely barred from recovery
     7  of any damages from the victim or anyone acting on behalf of the victim,
     8  if such claimant was convicted of such crime.
     9    § 2. This act shall take effect immediately and shall apply  to  inju-
    10  ries occurring on or after such effective date.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00222-02-3