senate Bill S7560A

2011-2012 Legislative Session

Enacts the "Steven Kovacs Law" to impose an affirmative duty upon a host to render assistance to a guest on private premises in the event of a medical emergency

download bill text pdf

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Archive: Last Bill Status - In Senate Judiciary Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2012 print number 7560a
Jun 12, 2012 amend (t) and recommit to judiciary
Jun 04, 2012 referred to judiciary

S7560 - Details

See Assembly Version of this Bill:
A10113B
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L

S7560 - Summary

Enacts the Steven Kovacks law to impose an affirmative duty upon a social host to render assistance to a guest on private premises in the event of a medical emergency.

S7560 - Sponsor Memo

S7560 - Bill Text download pdf

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

                                  7560

                            I N  S E N A T E

                              June 4, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to enacting the
  Steven Kovacs Law to impose an affirmative duty upon a social host  to
  render  assistance  to  a  guest on private premises in the event of a
  medical emergency

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

  Section  1.  This  act  shall be known and may be cited as the "Steven
Kovacs Law".
  S 2. Article 9 of the general obligations law is amended by  adding  a
new title 2 to read as follows:
                                  TITLE 2
                       SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
  S  9-201.  SOCIAL  HOST  RESPONSIBILITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SOCIAL HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREM-
ISES.
  (B) "CONTROL" MEANS THE ACTUAL OR APPARENT AUTHORITY  AND  ABILITY  TO
REGULATE, DIRECT OR DOMINATE PRIVATE PREMISES, INCLUDING, BUT NOT LIMIT-
ED TO THE CONTROL EXERCISED BY TENANTS, LESSEES, OWNERS AND/OR LANDLORDS
WHO HAVE NOTICE OF THE PRESENCE OF A GUEST OR GUESTS ON THE PREMISES.
  (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE  UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
AREAS ADJACENT THERETO.
  (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
PREMISES OF A SOCIAL HOST WITH THE CONSENT OF SUCH SOCIAL HOST.
  2.  A  SOCIAL HOST WHO IS AWARE OR WHO SHOULD BE AWARE THAT A GUEST ON
THE PRIVATE PREMISES OVER WHICH THE SOCIAL  HOST  EXERCISES  CONTROL  IS
SUFFERING  OR  HAS  SUFFERED  A  MEDICAL EMERGENCY AND WHO FAILS TO GIVE
REASONABLE ASSISTANCE TO SUCH GUEST, ALTHOUGH THERE EXISTS NO DANGER  OR
PERIL TO THE SOCIAL HOST OR OTHERS AS A RESULT AND ALTHOUGH SUCH ASSIST-
ANCE  OR  CARE  HAS  NOT  BEEN UNDERTAKEN BY ANOTHER OR OTHERS, SHALL BE

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

S7560A (ACTIVE) - Details

See Assembly Version of this Bill:
A10113B
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L

S7560A (ACTIVE) - Summary

Enacts the Steven Kovacks law to impose an affirmative duty upon a social host to render assistance to a guest on private premises in the event of a medical emergency.

S7560A (ACTIVE) - Sponsor Memo

S7560A (ACTIVE) - Bill Text download pdf

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

                                 7560--A

                            I N  S E N A T E

                              June 4, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Judiciary  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general obligations law, in relation to enacting the
  "Steven  Kovacs  Law" to impose an affirmative duty upon a residential
  host to render assistance to a guest on private premises in the  event
  of a medical emergency

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

  Section 1. This act shall be known and may be  cited  as  the  "Steven
Kovacs Law".
  S  2.  Article 9 of the general obligations law is amended by adding a
new title 2 to read as follows:
                                  TITLE 2
                       SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
  S 9-201. SOCIAL HOST RESPONSIBILITY.  1.  FOR  THE  PURPOSES  OF  THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREMISES.
  (B)  "CONTROL"  MEANS  THE  ACTUAL  AUTHORITY AND ABILITY TO REGULATE,
DIRECT OR DOMINATE THE PRIVATE PREMISES.
  (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND  OPEN
AREAS OVER WHICH THE HOST HAS CONTROL.
  (D)  "GUEST"  MEANS  A PERSON WHO IS PHYSICALLY PRESENT ON THE PRIVATE
PREMISES OF A HOST, WHICH SHALL NOT BE DEEMED TO INCLUDE  PERSONS  TRES-
PASSING UPON THE PRIVATE PREMISES.
  2.  A HOST WHO IS PRESENT AND HAS ACTUAL KNOWLEDGE THAT A GUEST ON THE
PRIVATE PREMISES OVER WHICH THE HOST EXERCISES CONTROL IS  SUFFERING  OR
HAS  SUFFERED  A  MEDICAL  EMERGENCY  AND  WHO  FAILS TO GIVE REASONABLE
ASSISTANCE TO SUCH GUEST  SHALL  BE  LIABLE  FOR  DAMAGES  FOR  INJURIES
SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH
OCCURRED  BY  REASON  OF SUCH FAILURE. REASONABLE ASSISTANCE MAY INCLUDE

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

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