Bars completely the recovery of damages from the victim or a person acting on behalf of the victim for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom.
Summary
Bill S07234 proposes an amendment to the civil practice law and rules in New York, establishing a complete bar to recovery for individuals who sustain personal injuries while committing a crime or during immediate flight from the crime. If such individuals are convicted of the crime, they are prohibited from seeking damages from the victim or anyone acting on behalf of the victim. This legislation aims to prevent individuals engaged in illegal activities from benefiting from their own wrongful actions.
Impact
If enacted, this bill will significantly alter the landscape of personal injury claims in New York by eliminating the possibility for convicted criminals to recover damages for injuries sustained during the commission of a crime. It will reinforce the principle that individuals should not profit from their illegal actions, thereby potentially reducing the number of frivolous lawsuits stemming from criminal activities.
Sentiment
The sentiment surrounding Bill S07234 appears to be generally supportive among lawmakers who believe it will deter criminal behavior and protect victims from having to face legal claims from perpetrators. However, there may be concerns from civil rights advocates regarding the implications for individuals who may be wrongfully accused or those who are in desperate situations, leading to a nuanced debate.
Contention
Notable points of contention include concerns from civil rights groups who argue that the bill could disproportionately affect marginalized communities and those who may be wrongfully convicted. Additionally, some lawmakers may question the fairness of completely barring recovery, especially in cases where the injury may have been exacerbated by the actions of others, such as law enforcement.
Bars completely the recovery of damages from the victim or a person acting on behalf of the victim for personal injury sustained by a person convicted of a crime when such injury occurred during the commission of such crime or while fleeing therefrom.
Increases the mandatory surcharge and the crime victim's assistance fee which is levied upon any person convicted of a crime or violation in this state; creates a crime victim's lien which allows such recovery against a convicted offender in the amount of the unpaid portion of the mandatory surcharge or the crime victim's assistance fee; creates a crime victim's assistance account.
Clarifies that encouraging another person to cause bodily injury, by filming, photographing, or otherwise recording injury-causing act, is form of crime of endangering injured victim.
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.
Limits damages that can be recovered by plaintiffs who were uninsured motorists, intoxicated drivers, or convicted of a felony during which the accident occurred in tort claims.