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Senate Bill S1296

2009-2010 Legislative Session

Provides for release from certain liability for employers who hire persons who have one or more prior convictions

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Archive: Last Bill Status - Stricken

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2009-S1296 (ACTIVE) - Details

See Assembly Version of this Bill:
A3096
Law Section:
Correction Law
Laws Affected:
Add ยง756, Cor L

2009-S1296 (ACTIVE) - Summary

Provides for release from certain liability for employers who hire persons who have one or more prior convictions.

2009-S1296 (ACTIVE) - Sponsor Memo

2009-S1296 (ACTIVE) - Bill Text download pdf 

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

                                  1296

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Crime Victims,  Crime
  and Correction

AN  ACT  to amend the correction law, in relation to releasing employers
  from certain liability for hiring certain persons

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

  Section  1.  The correction law is amended by adding a new section 756
to read as follows:
  S 756. RELEASE FROM LIABILITY. AN EMPLOYER WHO REASONABLY  ADHERES  TO
THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  THEREBY  BE RELIEVED FROM ALL
LIABILITY FOR PERSONAL INJURIES OR DEATH SUSTAINED BY  EMPLOYEES,  INVI-
TEES  AND  LICENSEES AS A DIRECT RESULT OF A CRIMINAL ACT BY AN EMPLOYEE
HIRED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE PERSONS
ENTITLED TO COMPENSATION UNDER THIS CHAPTER SHALL HAVE RECOURSE THEREFOR
ONLY TO THE STATE FUND AND NOT TO THE EMPLOYER. AN  EMPLOYER  SHALL  NOT
OTHERWISE  BE  RELIEVED  FROM LIABILITY EXCEPT BY THE PAYMENT THEREOF BY
HIMSELF OR HERSELF OR HIS OR HER INSURANCE CARRIER.   THE PROVISIONS  OF
THIS  SECTION  SHALL  NOT APPLY TO THE STATE OF NEW YORK, AS AN EMPLOYER
EXCEPT TO THE EXTENT THAT THE FUND HAS PROVIDED INSURANCE COVERAGE ON AN
ACTUARIALLY SOUND BASIS TO THE  STATE  PURSUANT  TO  THE  PROVISIONS  OF
SECTION  EIGHTY-EIGHT-C OF THE WORKERS' COMPENSATION LAW.  TO THE EXTENT
THAT THE FUND HAS NOT PROVIDED  INSURANCE  COVERAGE  ON  AN  ACTUARIALLY
SOUND  BASIS  PURSUANT  TO SECTION EIGHTY-EIGHT-C OF SUCH LAW, ANY STATE
EMPLOYEE OR OTHER PERSON ENTITLED TO COMPENSATION UNDER THIS ARTICLE  AS
A  CONSEQUENCE OF PERSONAL INJURIES OR DEATH OF A STATE EMPLOYEE, LICEN-
SEE OR INVITEE SHALL HAVE DIRECT RECOURSE THEREFOR ONLY TO THE STATE.
  S 2. This act shall take effect immediately and shall apply to  causes
of action filed on and after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01488-01-9

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