STATE OF NEW YORK
        ________________________________________________________________________
 
                                           514
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                    January 13, 2003
                                       ___________
 
        Introduced  by  Sens.  BALBONI,  ALESI, FARLEY, HOFFMANN, JOHNSON, KUHL,
          LARKIN, LEIBELL, LIBOUS, MALTESE, MARCELLINO, McGEE,  MORAHAN,  NOZZO-
          LIO,  PADAVAN, ROBACH, SALAND, TRUNZO, VELELLA, VOLKER, 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 prohib-
          iting  civil  actions  against  victims of crime brought by any person
          convicted of such crime
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature hereby declares that it
     2  is the public policy of this state that once an individual steps outside
     3  the  boundaries  of society by committing a felony, such person shall be
     4  prohibited from using the court system  to  seek  redress  for  injuries
     5  received  during  the  commission  of  such  felony.  The felon shall be
     6  presumed to have assumed the risk of his or her actions.
     7    § 2. The civil practice law and rules  is  amended  by  adding  a  new
     8  section 1411-a to read as follows:
     9    §  1411-a.   Recovery barred in certain instances. 1. In any action to
    10  recover damages for personal injury, injury  to  property,  or  wrongful
    11  death,  any  culpable conduct of the claimant or decedent resulting in a
    12  felony conviction shall be a complete bar to recovery in such action.
    13    2. If the claimant does not prevail in  a  civil  action  pursuant  to
    14  subdivision  one  of  this  section,  the  court  shall award reasonable
    15  expenses, including but not limited to attorneys' fees and disbursements
    16  to all respondents.
    17    § 3. Section 1412 of the civil practice law and  rules,  as  added  by
    18  chapter 69 of the laws of 1975, is amended to read as follows:
    19    §  1412.    Burden  of  pleading;  burden of proof.   Culpable conduct
    20  claimed in diminution of damages, in accordance  with  section  fourteen
    21  hundred  eleven  of  this  article,  or as a complete bar to recovery in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01081-01-3

        S. 514                              2
 
     1  accordance with section fourteen hundred eleven-a of this article, shall
     2  be an affirmative defense to be pleaded and proved by the party  assert-
     3  ing the defense.
     4    §  4.  This act shall take effect immediately and shall apply to inju-
     5  ries occurring on or after such date.