Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to judiciary |
Jun 12, 2009 |
referred to judiciary |
Assembly Bill A8881
2009-2010 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
2009-A8881 (ACTIVE) - Details
2009-A8881 (ACTIVE) - Summary
Creates a cause of action for injuries to person, property, means of support, or otherwise, including death, sustained by persons possessing imitation weapons against persons who cause or contribute to such injuries by manufacturing, selling, or distributing such weapons in violation of article 39-B of the general business law.
2009-A8881 (ACTIVE) - Sponsor Memo
BILL NUMBER:A8881 TITLE OF BILL: An act to amend the general obligations law, in relation to creating a cause of action for injuries or other damages sustained by reason of the violation of article 39-B of the general business law prohibiting imitation weapons PURPOSE OR GENERAL IDEA OF BILL: This measure will hold liable and impose penalties on the manufacturers, distributors, and retailers for any harm inflicted upon consumers and bystanders as a result of purchasing and using toy guns. SUMMARY OF SPECIFIC PROVISIONS: Bill §1 amends the General Obligations Law by adding a new §11-1OB, creating a right of action for compensation for any person injured by reason of possession of an imitation weapon that was imported, manufac- tured, sold or distributed in violation of Article 39-B of the General Business Law (GBL). For the purpose of this section, the term "imitation weapon" shall have the meaning defined therefor by GBL §871. JUSTIFICATION: The incidents involving toy guns and law enforcement are on the rise. It is just simply irresponsible for toy guns to be manufactured to resemble "real weapons", it is equally irresponsible for those potentially deadly "toys" to be shipped, distributed, marketed and sold to the children of New York State.
2009-A8881 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8881 2009-2010 Regular Sessions I N A S S E M B L Y June 12, 2009 ___________ 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 creating a cause of action for injuries or other damages sustained by reason of the violation of article 39-B of the general business law prohibiting imitation weapons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general obligations law is amended by adding a new section 11-108 to read as follows: S 11-108. COMPENSATION FOR INJURY CAUSED BY THE ILLEGAL IMPORTATION, MANUFACTURE, SALE, OR DISTRIBUTION OF IMITATION WEAPONS. 1. ANY PERSON WHO SHALL BE INJURED IN PERSON, PROPERTY, MEANS OF SUPPORT, OR OTHERWISE BY REASON OF SUCH PERSON'S POSSESSION OF AN IMITATION WEAPON, WHETHER RESULTING IN HIS OR HER DEATH OR NOT, SHALL HAVE A RIGHT OF ACTION AGAINST ANY PERSON WHO SHALL, BY IMPORTING, MANUFACTURING, SELLING, OR DISTRIBUTING SUCH IMITATION WEAPON IN VIOLATION OF ARTICLE THIRTY-NINE-B OF THE GENERAL BUSINESS LAW, HAVE CAUSED OR CONTRIBUTED TO SUCH INJURY; AND IN ANY SUCH ACTION SUCH PERSON SHALL HAVE A RIGHT TO RECOVER ACTUAL AND EXEMPLARY DAMAGES. 2. IN CASE OF THE DEATH OF EITHER PARTY, THE ACTION OR RIGHT OF ACTION GIVEN BY THIS SECTION SHALL SURVIVE TO OR AGAINST HIS OR HER EXECUTOR OR ADMINISTRATOR, AND THE AMOUNT SO RECOVERED BY EITHER A HUSBAND, WIFE OR CHILD SHALL BE HIS OR HER SOLE AND SEPARATE PROPERTY. 3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION. 4. IN ANY CASE WHERE PARENTS SHALL BE ENTITLED TO SUCH DAMAGES, EITHER THE FATHER OR MOTHER MAY SUE ALONE THEREFOR, BUT RECOVERY BY ONE OF SUCH PARTIES SHALL BE A BAR TO SUIT BROUGHT BY THE OTHER. 5. FOR THE PURPOSES OF THIS SECTION, THE TERM "IMITATION WEAPON" SHALL HAVE THE MEANING DEFINED THEREFOR BY SECTION EIGHT HUNDRED SEVENTY-ONE OF THE GENERAL BUSINESS LAW. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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