Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to judiciary |
Feb 23, 2009 |
referred to judiciary |
Assembly Bill A5884
2009-2010 Legislative Session
Sponsored By
ESPAILLAT
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-A5884 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Add §11-108, Gen Ob L
2009-A5884 (ACTIVE) - Summary
Makes manufacturers of guns liable to the state if their guns cause injury or death to a state employee acting within the course of his or her official duties; makes exceptions for compliance with a stated code of conduct or for weapons disposed of to military or law enforcement agencies or reported stolen.
2009-A5884 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5884 2009-2010 Regular Sessions I N A S S E M B L Y February 23, 2009 ___________ Introduced by M. of A. ESPAILLAT -- read once and referred to the Committee on Judiciary AN ACT to amend the general obligations law, in relation to imposing a civil penalty upon the manufacturers of certain weapons illegally used to injure or kill state employees 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. CIVIL PENALTY FOR INJURY OR DEATH TO STATE EMPLOYEES; MANUFACTURERS OF WEAPONS. 1. A PERSON, CORPORATION, FIRM, PARTNERSHIP, OR OTHER ENTITY THAT MANUFACTURES ANY WEAPON SHALL BE LIABLE TO THE STATE FOR A CIVIL PENALTY AND PUNITIVE DAMAGES, TO BE RECOVERED IN A CIVIL ACTION BROUGHT BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE IN ANY COURT OF COMPETENT JURISDICTION, IF SUCH WEAPON IS USED BY A PERSON WHO IS NOT LAWFULLY AUTHORIZED TO POSSESS SUCH WEAPON IN THE STATE TO INJURE OR KILL ANY EMPLOYEE OF THE STATE ACTING IN THE COURSE OF HIS OR HER OFFICIAL DUTIES. "WEAPON", FOR PURPOSES OF THIS SECTION, MEANS A FIREARM, RIFLE, SHOTGUN, MACHINE-GUN OR ASSAULT WEAPON, AS SUCH TERMS ARE DEFINED IN SECTION 265.00 OF THE PENAL LAW. 2. THE LIABILITY ESTABLISHED UNDER THIS SECTION DOES NOT APPLY TO PERSONS, CORPORATIONS, FIRMS, PARTNERSHIPS, OR OTHER ENTITIES THAT COMPLY WITH THE FOLLOWING PROVISIONS: (A) DOES NOT SELL WEAPONS TO DEALERS WHO HAVE MORE THAN TWENTY WEAPONS SOLD WITHIN ANY CONTINUOUS TWELVE MONTH PERIOD IN THE PRECEDING FIVE YEARS TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR WHO HAVE NOT, ON THEIR OWN, SOLD WEAPONS, TWENTY OR MORE OF WHICH ARE TRACED TO USE IN A CRIME OR ILLEGAL POSSESSION, AS DETERMINED BY THE BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09084-01-9
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