S T A T E   O F   N E W   Y O R K                   
       ________________________________________________________________________
                                                                               
                                          85                                   
                                                                               
                              2003-2004 Regular Sessions                       
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                      (PREFILED)                               
                                                                               
                                    January 8, 2003                            
                                      ___________                              
                                                                               
       Introduced  by  Sens. MALTESE, ALESI, FARLEY, HOFFMANN, JOHNSON, LARKIN,
         LIBOUS, MAZIARZ, McGEE, MORAHAN, PADAVAN, RATH, SALAND, TRUNZO,  VOLK-
         ER,  WRIGHT  -- read twice and ordered printed, and when printed to be
         committed 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    S 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, IF SUCH CLAIMANT WAS CONVICTED OF SUCH CRIME.           
    8    S 2. This act shall take effect immediately and shall apply  to  inju-
    9  ries occurring on or after such effective date.                         
                                                                               
                                                                               
                                                                               
                                                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD00222-01-3
.SO DOC S 85            *END*                    BTXT                 2003