S607-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S607-2013 Memo

BILL NUMBER:S607

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 fox 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 fox, 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:
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.

S607-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          607
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by Sens. GIANARIS, AVELLA, BRESLIN, DILAN, HASSELL-THOMPSON,
 MONTGOMERY, PARKER, PERKINS -- 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 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:

 

Section 1. 

Section 9-103 of the general obligations law is amended by
 adding a new subdivision 2-a to read as follows:

 2-A.  AN OWNER, LESSEE OR OCCUPANT OF A PREMISES, WHICH IS OPERATED AS
 A BUSINESS ENTITY OR NOT-FOR-PROFIT CORPORATION, WHO PROVIDES ASSISTANCE
 TO A VICTIM OF A CRIME BY ALLOWING SUCH VICTIM TO REMAIN UPON SUCH PREM
 ISES FOR THE PURPOSE OF SUMMONING  A  POLICE  OFFICER  AND/OR  EMERGENCY
 MEDICAL PERSONNEL, SHALL ASSUME NO RESPONSIBILITY FOR OR INCUR LIABILITY
 FOR ANY PERSONAL INJURY, DEATH OR PROPERTY DAMAGE SUSTAINED BY THE CRIME
 VICTIM  WHILE  UPON  SUCH  PREMISES IN THE COURSE OF SEEKING ASSISTANCE,
 UNLESS IT IS ESTABLISHED THAT SUCH INJURY OR DEATH WAS CAUSED  BY  GROSS
 NEGLIGENCE  ON THE PART OF SUCH BUSINESS ENTITY OR NOT-FOR-PROFIT CORPO
 RATION.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01841-01-3

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