Bill Text: NY A08911 | 2011-2012 | General Assembly | Introduced

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Bill Title: Grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or nonprofit while seeking assistance, except in the case of gross negligence.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A08911 Detail]

Download: New_York-2011-A08911-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 6130                                                  A. 8911
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       IN  SENATE -- Introduced by Sens. GIANARIS, AVELLA, BRESLIN, MONTGOMERY,
         OPPENHEIMER, PERKINS -- read  twice  and  ordered  printed,  and  when
         printed to be committed to the Committee on Judiciary
       IN  ASSEMBLY -- Introduced by M. of A. SIMOTAS -- read once and referred
         to the Committee on Judiciary
       AN ACT to amend the general obligations law,  in  relation  to  granting
         immunity  from liability for personal injury, death or property damage
         incurred by a victim of a crime  while  seeking  assistance  upon  the
         premises of a business entity or not-for-profit corporation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Section 9-103 of the general obligations law is amended by
    2  adding a new subdivision 2-a to read as follows:
    3    2-A. AN OWNER, LESSEE OR OCCUPANT OF A PREMISES, WHICH IS OPERATED  AS
    4  A BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION, WHO PROVIDES ASSISTANCE
    5  TO A VICTIM OF A CRIME BY ALLOWING SUCH VICTIM TO REMAIN UPON SUCH PREM-
    6  ISES  FOR  THE  PURPOSE  OF  SUMMONING A POLICE OFFICER AND/OR EMERGENCY
    7  MEDICAL PERSONNEL, SHALL ASSUME NO RESPONSIBILITY FOR OR INCUR LIABILITY
    8  FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE SUSTAINED BY THE CRIME
    9  VICTIM WHILE UPON SUCH PREMISES IN THE  COURSE  OF  SEEKING  ASSISTANCE,
   10  UNLESS  IT  IS ESTABLISHED THAT SUCH INJURY OR DEATH WAS CAUSED BY GROSS
   11  NEGLIGENCE ON THE PART OF SUCH BUSINESS ENTITY OR NOT-FOR-PROFIT  CORPO-
   12  RATION.
   13    S  2.  This  act  shall take effect on the sixtieth day after it shall
   14  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13704-02-2