S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6061
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2017
                                ___________
 
 Introduced by M. of A. CRESPO -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to amend the general obligations law, in relation to creating a
   cause of action for injuries or other damages sustained by  reason  of
   the  violation of article 39-B of the general business law prohibiting
   imitation weapons

   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:
   § 11-108. COMPENSATION FOR INJURY CAUSED BY THE  ILLEGAL  IMPORTATION,
 MANUFACTURE,  SALE, OR DISTRIBUTION OF IMITATION WEAPONS. 1.  ANY PERSON
 WHO SHALL BE INJURED IN PERSON, PROPERTY, MEANS OF SUPPORT, OR OTHERWISE
 BY REASON OF SUCH PERSON'S POSSESSION OF AN  IMITATION  WEAPON,  WHETHER
 RESULTING  IN  HIS  OR  HER  DEATH  OR NOT, SHALL HAVE A RIGHT OF ACTION
 AGAINST ANY PERSON WHO SHALL, BY IMPORTING, MANUFACTURING,  SELLING,  OR
 DISTRIBUTING SUCH IMITATION WEAPON IN VIOLATION OF ARTICLE THIRTY-NINE-B
 OF  THE GENERAL BUSINESS LAW, HAVE CAUSED OR CONTRIBUTED TO SUCH INJURY;
 AND IN ANY SUCH ACTION SUCH PERSON SHALL HAVE A RIGHT TO RECOVER  ACTUAL
 AND EXEMPLARY DAMAGES.
   2. IN CASE OF THE DEATH OF EITHER PARTY, THE ACTION OR RIGHT OF ACTION
 GIVEN BY THIS SECTION SHALL SURVIVE TO OR AGAINST HIS OR HER EXECUTOR OR
 ADMINISTRATOR,  AND THE AMOUNT SO RECOVERED BY EITHER A HUSBAND, WIFE OR
 CHILD SHALL BE HIS OR HER SOLE AND SEPARATE PROPERTY.
   3. SUCH ACTION MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
   4. IN ANY CASE WHERE PARENTS SHALL BE ENTITLED TO SUCH DAMAGES, EITHER
 THE FATHER OR MOTHER MAY SUE ALONE THEREFOR, BUT RECOVERY BY ONE OF SUCH
 PARTIES SHALL BE A BAR TO SUIT BROUGHT BY THE OTHER.
   5. FOR THE PURPOSES OF THIS SECTION, THE TERM "IMITATION WEAPON" SHALL
 HAVE THE MEANING DEFINED THEREFOR BY SECTION EIGHT  HUNDRED  SEVENTY-ONE
 OF THE GENERAL BUSINESS LAW.
   §  2. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07925-01-7