S T A T E O F N E W Y O R K
________________________________________________________________________
6573
2021-2022 Regular Sessions
I N A S S E M B L Y
March 19, 2021
___________
Introduced by M. of A. LAWLER -- 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 caused by a person compensated to protest
or riot
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 A PERSON COMPENSATED TO
PROTEST OR RIOT. 1. ANY PERSON WHO SHALL BE INJURED IN PERSON, PROPERTY,
MEANS OF SUPPORT OR OTHERWISE, BY THE ACTIONS OF A PERSON WHO IS COMPEN-
SATED TO PROTEST OR RIOT, WHETHER RESULTING IN HIS OR HER DEATH OR NOT,
SHALL HAVE A RIGHT OF ACTION TO RECOVER ACTUAL DAMAGES AGAINST ANY
PERSON OR ENTITY WHO COMPENSATED A PERSON WHO CAUSES INJURIES DURING A
PROTEST OR RIOT.
2. IN CASE OF THE DEATH OF EITHER PARTY, THE ACTION OR RIGHT OF ACTION
ESTABLISHED BY THE PROVISIONS OF THIS SECTION SHALL SURVIVE TO OR
AGAINST HIS OR HER EXECUTOR OR ADMINISTRATOR, AND THE AMOUNT SO RECOV-
ERED 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
OF SUCH PARENTS MAY BRING AN ACTION THEREFOR; BUT THAT RECOVERY BY
EITHER ONE OF SUCH PARTIES SHALL CONSTITUTE A BAR TO SUIT BROUGHT BY THE
OTHER.
5. AS USED IN THIS SECTION:
(A) "PROTEST" SHALL MEAN A PRE-PLANNED GATHERING OF TEN OR MORE
PERSONS INVITED OR ORGANIZED BY AN ORGANIZER TO CONVENE FOR THE PURPOSE
OF A PUBLIC EXHIBITION; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09871-01-1
A. 6573 2
(B) "RIOT" SHALL HAVE THE SAME MEANING AS IN SECTIONS 240.05 AND
204.06 OF THE PENAL LAW.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to any cause of action which arises on
or after such date.