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S6130Senate2011-2012 SessionSame asA8911

Grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or nonprofit seeking assistance

Sponsor Michael GianarisSD-12+8 co-sponsorsAffects Legal
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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History

  1. Committee discharged and committed to rules
  2. Notice of committee consideration - requested
  3. Referred to judiciary

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6130

Title of bill

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

Purpose

This legislation puts businesses and not-for-profit corporations on the same footing as individuals who are encouraged by the law to act in good faith to help during an emergency. The bill incentivizes businesses and not-for-profit corporations to provide residents with easy access to a "safe haven" in which they can seek safety and/or assistance.

Summary of provisions

Section one amends Section 9-103 of the general obligations law by adding a new section 2-a. The proposed legislation grants immunity from liability for personal injury and property damage sustained by a crime victim upon the premises of a business or not-for-profit corporation seeking assistance unless it is established that such injuries were or such death was caused by gross negligence on the part of such business or not-for-profit corporation.

Section two establishes that this law shall take effect on the sixtieth day after it shall have become law.

Justification

This legislation is designed to address an immediate and pressing legislative gap in the laws of New York state pertaining to the necessary public/private partnerships' and activities needed in the face of the growing risk of community emergency situations.

New York state "Good Samaritan" laws leave significant gaps of liability exposure for both business entities and not-for-profit corporations that are willing to assist in the response to an emergency situation.

Under state law, the current "Good Samaritan" liability protections only cover individuals acting in good faith to assist others. This gap can lead to hesitation or lack of coordination on the part of businesses and not-for-profit corporations providing assistance during an emergency.

This simple legislative step needs to be taken now to remove the disincentives against, and increase the motivation for, business and not-for-profit corporations stepping forward as "safe havens" in

order to develop the practical networks needed to protect the public.

Legislative history

None.

Fiscal implications

None.

Effective date

The sixtieth day after it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.