senate Bill S6130

Grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or nonprofit seeking assistance

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 04 / Jan / 2012
    • REFERRED TO JUDICIARY
  • 08 / Mar / 2012
    • NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • 12 / Mar / 2012
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or nonprofit while seeking assistance, except in the case of gross negligence.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A8911
Versions:
S6130
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
General Obligations Law
Laws Affected:
Amd §9-103, Gen Ob L

Sponsor Memo

BILL NUMBER:S6130

TITLE OF BILL:
An act
to amend the
general obligations law, in relation to granting immunity from liability
for personal injury, death or property damage incurred by a victim of a
crime while seeking assistance upon the premises of a business entity or
not-for-profit corporation

PURPOSE:
This legislation puts businesses and not-for-profit corporations on
the same footing as individuals who are encouraged by the law to act
in good faith to help during an emergency. The bill incentivizes
businesses and not-for-profit corporations to provide residents with
easy access to a "safe haven" in which they can seek safety and/or
assistance.

SUMMARY OF PROVISIONS:
Section one amends Section 9-103 of the general obligations law by
adding a new section 2-a.
The proposed legislation grants immunity from liability for personal
injury and property damage sustained by a crime victim upon the
premises of a business or not-for-profit corporation seeking
assistance unless it is established that such injuries were or
such death was caused by gross negligence on the part of such business
or not-for-profit corporation.

Section two establishes that this law shall take effect on the
sixtieth day after it shall have become law.

JUSTIFICATION:
This legislation is designed to address an immediate and pressing
legislative gap in the laws of New York state pertaining to the
necessary public/private partnerships' and activities needed in the
face of the growing risk of community emergency situations.

New York state "Good Samaritan" laws leave significant gaps of
liability exposure for both business entities and not-for-profit
corporations that are willing to assist in the response to an
emergency situation.

Under state law, the current "Good Samaritan" liability protections
only cover individuals acting in good faith to assist others. This gap
can lead to hesitation or lack of coordination on the part of
businesses and not-for-profit corporations providing assistance
during an emergency.

This simple legislative step needs to be taken now to remove the
disincentives against, and increase the motivation for, business and
not-for-profit corporations stepping forward as "safe havens" in

order to develop the practical networks needed to protect the
public.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The sixtieth day after it shall have become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6130                                                  A. 8911

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

                               (PREFILED)

                             January 4, 2012
                               ___________

IN  SENATE -- Introduced by Sens. GIANARIS, AVELLA, BRESLIN, MONTGOMERY,
  OPPENHEIMER, PERKINS -- read  twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Judiciary

IN  ASSEMBLY -- Introduced by M. of A. SIMOTAS -- read once and referred
  to the Committee on Judiciary

AN ACT to amend the general obligations law,  in  relation  to  granting
  immunity  from liability for personal injury, death or property damage
  incurred by a victim of a crime  while  seeking  assistance  upon  the
  premises of a business entity or not-for-profit corporation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 9-103 of the general obligations law is amended by
adding a new subdivision 2-a to read as follows:
  2-A. AN OWNER, LESSEE OR OCCUPANT OF A PREMISES, WHICH IS OPERATED  AS
A BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION, WHO PROVIDES ASSISTANCE
TO A VICTIM OF A CRIME BY ALLOWING SUCH VICTIM TO REMAIN UPON SUCH PREM-
ISES  FOR  THE  PURPOSE  OF  SUMMONING A POLICE OFFICER AND/OR EMERGENCY
MEDICAL PERSONNEL, SHALL ASSUME NO RESPONSIBILITY FOR OR INCUR LIABILITY
FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE SUSTAINED BY THE CRIME
VICTIM WHILE UPON SUCH PREMISES IN THE  COURSE  OF  SEEKING  ASSISTANCE,
UNLESS  IT  IS ESTABLISHED THAT SUCH INJURY OR DEATH WAS CAUSED BY GROSS
NEGLIGENCE ON THE PART OF SUCH BUSINESS ENTITY OR NOT-FOR-PROFIT  CORPO-
RATION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13704-02-2

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.