STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4002
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                      April 8, 2003
                                       ___________
 
        Introduced  by Sens. ALESI, FUSCHILLO, MALTESE, McGEE, MORAHAN, PADAVAN,
          TRUNZO -- 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  recovery  in tort in favor of those injured while driving drunk
          or committing a felony; and to repeal section 1413 of such law  relat-
          ing thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1413  of  the  civil  practice  law  and  rules  is
     2  REPEALED and a new section 1413 is added to read as follows:
     3    §  1413. Applicability. Notwithstanding any other provision of law, no
     4  action in tort may be brought by any person, or by the heirs  or  repre-
     5  sentatives  of  any  person, for the recovery of damages for injuries or
     6  death resulting in whole or in part from  that  person's  driving  while
     7  intoxicated, as defined in subdivision two or three of section one thou-
     8  sand  one  hundred ninety-two of the vehicle and traffic law, or driving
     9  while his or her ability is impaired by drugs, as defined in subdivision
    10  four of section one thousand one hundred ninety-two of the  vehicle  and
    11  traffic law.
    12    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13566-01-3