Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2012 |
referred to judiciary |
Assembly Bill A10368
2011-2012 Legislative Session
Sponsored By
CRESPO
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Peter Rivera
Michael Montesano
David Weprin
Ellen C. Jaffee
multi-Sponsors
Carmen E. Arroyo
2011-A10368 (ACTIVE) - Details
2011-A10368 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10368 I N A S S E M B L Y May 24, 2012 ___________ Introduced by M. of A. CRESPO -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to compensation for injury caused by the illegal sale of alcoholic beverages to a person under the age of twenty-one years THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 11-100 of the general obligations law, as amended by chapter 274 of the laws of 1985, is amended to read as follows: 1. Any person who shall be injured in person, property, means of support or otherwise, by reason of the intoxication or impairment of ability of any person under the age of twenty-one years, whether result- ing in his OR HER death or not, shall have a right of action to recover actual damages against: (A) any person who knowingly causes such intoxication or impairment of ability by unlawfully furnishing to or unlawfully assisting in procuring alcoholic beverages for such INTOXICATED OR IMPAIRED person with know- ledge or reasonable cause to believe that such person was under the age of twenty-one years[.]; OR (B) ANY PERSON OR ENTITY THAT DISTRIBUTES OR MANUFACTURES MORE THAN TEN FALSE IDENTIFICATION CARDS OR OTHER FORGED INSTRUMENTS, AS SUCH TERM IS DEFINED IN SECTION 170.00 OF THE PENAL LAW, WHICH MISREPRESENTS THE AGE AND/OR IDENTITY OF ANY PERSON, AND KNOWINGLY SELLS SUCH CARDS OR INSTRUMENTS TO A PERSON UNDER THE AGE OF TWENTY-ONE YEARS, AND WHICH ARE USED TO UNLAWFULLY PROCURE ALCOHOLIC BEVERAGES THAT CAUSE OR CONTRIBUTE TO SUCH OTHER PERSON'S INTOXICATION OR IMPAIRMENT OF ABILITY. ACTUAL KNOWLEDGE OF THE SPECIFIC PROCUREMENT OF THE ALCOHOLIC BEVERAGES THAT CAUSE OR CONTRIBUTE TO THE INTOXICATION OR IMPAIRMENT SHALL NOT BE NECESSARY. S 2. Section 11-100 of the general obligations law is amended by adding a new subdivision 1-a to read as follows: 1-A. IN ANY ACTION COMMENCED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, IT SHALL BE AN AFFIRMATIVE DEFENSE THAT THE PERSON EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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