S T A T E   O F   N E W   Y O R K
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        S. 508                                                    A. 847

                           1997-1998 Regular Sessions

                          S E N A T E - A S S E M B L Y

                                   (Prefiled)
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                                 January 8, 1997
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    IN  SENATE -- Introduced by Sen. SALAND -- read twice and ordered print-
      ed, and when printed to be committed to the Committee on Codes

    IN ASSEMBLY -- Introduced by M. of A. SANDERS, SILVER, MAYERSOHN,  BROD-
      SKY,  DINOWITZ  --  Multi-Sponsored by -- M. of A. LAFAYETTE, LOPEZ --
      read once and referred to the Committee on Codes

    AN ACT to amend the civil practice law and rules, in relation to barring
      convicted felons from recovery in civil actions emanating  from  their
      commission or attempted commission of crimes

      The  People of the State of New York, represented in Senate and Assem-
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    bly, do enact as follows:
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 1    Section 1. Legislative findings.  The  legislature  hereby  finds  and
 2  declares  that  allowing  convicted  felons to recover civil damages for
 3  injuries suffered during the commission of their crimes is an outrage to
 4  the people of the state of New York. It is in the public policy  to  bar
 5  convicted  felons  from  recovering for damages against private citizens
 6  and against the government when they, by their criminal  behavior,  have
 7  set  in  motion  a chain of circumstances resulting in their own injury.
 8  Accordingly, a felony conviction  shall  hereafter  bar  criminals  from
 9  recovery for injuries suffered during the commission of their crimes.
10      2.  Section  1411  of the civil practice law and rules, as added by
11  chapter 69 of the laws of 1975, is amended to read as follows:
12     1411.  Damages recoverable when contributory negligence  or  assump-
13  tion  of  risk is established;   felonious conduct as a bar to recovery.
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14  (a) In any action to recover damages  for  personal  injury,  injury  to
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15  property,  or  wrongful  death, the culpable conduct attributable to the
16  claimant or  to  the  decedent,  including  contributory  negligence  or
17  assumption  of  risk,  but  not  including  culpable criminal conduct as
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18  provided in subdivision (b), shall not bar recovery, but the  amount  of
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19  damages  otherwise  recoverable  shall  be  diminished in the proportion

     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD04950-01-7

    S. 508                              2                             A. 847

 1  which the culpable conduct attributable  to  the  claimant  or  decedent
 2  bears to the culpable conduct which caused the damages.
 3    (b)  In  any  action to recover damages for personal injury, injury to
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 4  property, or wrongful death, the culpable criminal conduct  attributable
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 5  to  the  claimant  or to the decedent, arising from the same transaction
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 6  for which damages are sought and established  by  a  felony  conviction,
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 7  shall constitute an absolute bar to recovery.
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 8     3. This act shall take effect immediately.