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- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
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
In Assembly Committee · Judiciary · Sponsor Aravella Simotas
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2481
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
2014: Senate Bill #607 (Gianaris) - Died in Senate Judiciary Committee 2012: Senate Bill #6130 (Gianaris} - Died in Senate Rules Committee 2012: Assembly Bill #8911 (Simotas) - Died in Assembly Judiciary Committee
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.