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S1666Senate2019-2020 SessionSame asA5079

Expand Injury Compensation for Underage Impairment

Official title

“Relates to the compensation for injury or damage caused by the intoxication or impairment of ability of a person under the age of twenty-one years”

Sponsor John E. BrooksSD-8Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill expands liability for damages caused by minors to include impairment from drugs, not just alcohol intoxication.

Why it matters

  1. Expands parental or guardian liability. Now, adults who "knowingly cause or permit" minors to use not only alcohol but also drugs (including those listed in Schedules I-IV, such as marijuana, opioids, stimulants, etc.) can be held financially responsible for injuries or damages resulting from the minor's impairment.

  2. Addresses drug-related harms among youth. By including drug impairment, the law recognizes the significant risks and potential damages associated with minors' use of a wide range of controlled substances—not just alcohol—thus broadening the scope of protection for the public.

  3. Signals changing social and legal attitudes. This change reflects increasing concern about drug use among young people and aligns liability laws with modern realities, potentially affecting how parents, guardians, and the community approach supervision and prevention.

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Who cares

Headline styles

Expand Injury Compensation for Underage Impairment

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
John E. Brooks

Senator · Senate District 8

Chair, Veterans, Homeland Security And Military Affairs

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A5079Assembly

Expand Compensation for Underage Harm

In Assembly Committee · Judiciary · Sponsor Kimberly Jean-Pierre

Impact 4 · Low0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1666

2019-2020 Regular Sessions

IN SENATE

January 15, 2019

Introduced by Sen. BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to the compensation for injury or damage caused by the intoxication or impairment of ability of a person under the age of twenty-one years

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The section heading of section 11-100 of the general obligations law, as amended by chapter 274 of the laws of 1985, is amended and a new subdivision 5 is added to read as follows:

Compensation for injury or damage caused by the intoxication or impairment of ability of a person under the age of twenty-one years.

5. For the purposes of this section, "impairment of ability" shall mean the use of any drug or substance listed in schedule I, II, III or IV of section thirty-three hundred six of the public health law.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06905-01-9

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general obligations law, in relation to the compen- sation for injury or damage caused by the intoxication or impairment of ability of a person under the age of twenty-one years

Purpose

The purpose of this bill is to hold individuals civilly responsible for knowingly supplying drugs and illegal substances to a minor in their care who causes damage or injury while under the influence of such drugs.

Summary of provisions

Section 1. amends section 11-100 of the general obligations law and creates a new subdivision 5 which provides "impairment of ability" as means to seek compensation for injury or damages. Additionally, this section defines "impairment of ability.

Section 2. is the enacting clause.

Justification

Presently, the general obligations law only allows for the recovery of damages if a person unlawfully provides or procures alcoholic beverages to an individual under the age of twenty-one. Given the significant rise in opioid and substance abuse deaths statewide, it is necessary to expand the scope of this law to include any drug or substance listed in schedule I, II, III, and IV of the public health law. By defining "impairment of ability," individuals may be held civilly responsible for knowingly supplying drugs and illegal substances to a minor in their care who causes damage or injury while under the influence of such drugs.

Fiscal implications

None

Effective date

This act shall take effect immediately

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