Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 08, 2014 | referred to judiciary |
Feb 11, 2013 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Robin Schimminger
A4824 (ACTIVE) - Details
A4824 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4824 2013-2014 Regular Sessions I N A S S E M B L Y February 11, 2013 ___________ Introduced by M. of A. MAGEE, SCHIMMINGER -- read once and referred to the Committee on Judiciary AN ACT to amend the real property law, in relation to the duty of land possessors to those who trespass THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The real property law is amended by adding a new article 11 to read as follows: ARTICLE 11 LAND POSSESSOR LIABILITY TO TRESPASSERS SECTION 350. LIABILITY OF LAND POSSESSOR TO TRESPASSER; EXCEPTIONS. S 350. LIABILITY OF LAND POSSESSOR TO TRESPASSER; EXCEPTIONS. 1. A POSSESSOR OF LAND, INCLUDING AN OWNER, LESSEE, OR OTHER OCCUPANT, OR AN AGENT OF SUCH PERSON OR ENTITY, OWES NO DUTY OF CARE TO A TRESPASSER EXCEPT TO REFRAIN FROM HARMING THE TRESPASSER BY AN INTENTIONAL, WILL- FUL, OR WANTON ACT. A LAND POSSESSOR MAY USE JUSTIFIABLE FORCE TO REPEL A CRIMINAL TRESPASSER AS PROVIDED BY SECTIONS 35.20 AND 35.25 OF THE PENAL LAW. 2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, A POSSESSOR OF LAND MAY BE SUBJECT TO LIABILITY FOR PHYSICAL INJURY OR DEATH TO A TRES- PASSER IF: (A) THE PHYSICAL INJURY OR DEATH IS TO A CHILD TRESPASSER AND RESULTS FROM AN ARTIFICIAL CONDITION WHERE: (1) THE POSSESSOR KNEW OR HAD REASON TO KNOW THAT CHILDREN WERE LIKELY TO TRESPASS AT THE LOCATION OF THE CONDITION; (2) THE CONDITION IS ONE THE POSSESSOR KNEW OR REASONABLY SHOULD HAVE KNOWN INVOLVED AN UNREASONABLE RISK OF DEATH OR SERIOUS BODILY HARM TO SUCH CHILDREN; (3) THE INJURED CHILD DID NOT DISCOVER THE CONDITION OR REALIZE THE RISK INVOLVED IN THE CONDITION OR COMING WITHIN THE AREA MADE DANGEROUS BY IT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04927-01-3