State Senator Michael Balboni (R/C-Mineola) announced that the Senate passed a Balboni-sponsored bill (S.4248B) which would prohibit a convicted felon from suing for civil damages for injuries sustained during the commission of the felony.

"This legislation is common sense," said Balboni. "Once a person steps outside the rules of civilized society to commit a crime, that person should not be able to step back into the civil system to try and recover for personal injuries stemming from their criminal behavior."

Many New Yorkers are outraged to learn that current statutes allow criminals who cause injury or death to another individual to sue for damages. Senator Balboni was motivated to change the law when he learned of an incident in 1984 where a 71-year-old man was mugged and beaten by three men in a subway station in New York City. One of the assailants, Bernard McCummings, was shot by police when he tried to flee. McCummings, who was paralyzed by the shooting, sued the City of New York for excessive use of force and was awarded $4.2 million by a Manhattan jury, a decision which was upheld by the Appellate Division.

State public policy, as enunciated by the New York State Court of Appeals says that "...the public policy of this state generally denies judicial relief to those injured in the course of committing a serious criminal act." While this policy would seemingly prevent lawsuits by convicted felons, there are numerous cases where victims, municipalities or law enforcement agencies have been sued by the criminal.

"As a society, we should send a clear message to criminals that anyone who commits a felony takes a risk, not only of arrest and prosecution, but that they will also be barred from using the civil justice system to sue for injuries sustained during the commission of that crime," concluded Senator Balboni.

The bill has been sent to the Assembly.

State Senator Michael Balboni (R/C-Mineola) announced the availability of the New York State Parks and Historic Sites Guide. This 44-page guide is free to all New Yorkers, but will be of particular interest to those planning vacations this summer or fall within New York State.

The guide offers information on every park and historic site in each of New York's 11 state park regions. Constituents will find information on camping, golfing, boating, fishing, and sightseeing. To request a guide, please call Senator Balboni's district office at 873-0736.