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Assembly Bill A7717

2009-2010 Legislative Session

Exonerating crime victims and good samaritans from claims by perpetrators

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Archive: Last Bill Status - Stricken

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2009-A7717 (ACTIVE) - Details

Law Section:
General Obligations Law
Laws Affected:
Add Art 3 Title 7 ยง3-701, Gen Ob L

2009-A7717 (ACTIVE) - Summary

Establishes as complete defense to a tort action for damages based upon personal injury evidence introduced by a defendant, proved by a preponderance of the evidence that the injury plaintiff sustained arose during commission or attempted commission by the plaintiff of a crime specified herein, and further provides that such a plaintiff shall be deemed to assume all risks of injury arising from encounter with crime victim, family of victim or good samaritan; defines "crime victim" and "good samaritan".

2009-A7717 (ACTIVE) - Bill Text download pdf 

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

                                  7717

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced by M. of A. WEISENBERG, MAYERSOHN, KOON -- Multi-Sponsored by
  -- M. of A. GALEF, MAGEE, McDONOUGH, MORELLE, SWEENEY -- read once and
  referred to the Committee on Judiciary

AN  ACT to amend the general obligations law, in relation to exoneration
  of certain crime victims and good samaritans from certain tort liabil-
  ities

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

  Section  1.  Article  3  of  the general obligations law is amended by
adding a new title 7 to read as follows:
                                  TITLE 7
                EXONERATION OF CERTAIN CRIME VICTIMS AND
                             GOOD SAMARITANS
SECTION 3-701. WHEN CRIME VICTIMS AND GOOD SAMARITANS MAY BE  EXONERATED
                 FROM CERTAIN TORT LIABILITIES.
  S 3-701. WHEN CRIME VICTIMS AND GOOD SAMARITANS MAY BE EXONERATED FROM
CERTAIN  TORT  LIABILITIES. 1. IN ANY TORT ACTION FOR DAMAGES BASED UPON
PERSONAL INJURY SUSTAINED BY THE PLAINTIFF  WHERE  THE  DEFENDANT  SHALL
FURNISH  PROOF  BY  A  PREPONDERANCE  OF  EVIDENCE  THAT: (I) THE INJURY
SUSTAINED BY THE PLAINTIFF AROSE  DURING  THE  COMMISSION  OR  ATTEMPTED
COMMISSION  BY  THE  PLAINTIFF  OF  A  MURDER, ROBBERY, BURGLARY, ARSON,
FORCIBLE RAPE OR CRIMINAL SEXUAL ACT, OR KIDNAPPING IN THE FIRST DEGREE;
AND (II) THE CONDUCT OF THE DEFENDANT WAS JUSTIFIED PURSUANT TO APPLICA-
BLE PROVISIONS OF ARTICLE THIRTY-FIVE OF THE PENAL LAW; THEN THE  PLAIN-
TIFF  SHALL  BE  DEEMED TO HAVE ASSUMED ALL RISKS OF INJURY ARISING FROM
THE ENCOUNTER WITH ANY VICTIM OR GOOD SAMARITAN DURING THE COMMISSION OR
ATTEMPTED COMMISSION OF SUCH CRIME, AND SUCH PROOF  SHALL  CONSTITUTE  A
COMPLETE DEFENSE TO THE ACTION.
  2.  FOR  THE PURPOSES OF THIS TITLE THE TERM: (A) "CRIME VICTIM" MEANS
THE VICTIM OF THE OFFENSE OR THEIR REPRESENTATIVE; AND (B) "GOOD SAMARI-
TAN" SHALL MEAN A PERSON WHO ACTS IN  GOOD  FAITH  (I)  TO  APPREHEND  A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11145-01-9

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