NY State Senate Bill 2015-S2481

Senate Bill S2481

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 23, 2015	referred to judiciary

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2015-S2481 (ACTIVE) - Details

See Assembly Version of this Bill:: A4712
Current Committee:: Senate Judiciary
Law Section:: General Obligations Law
Laws Affected:: Amd §9-103, Gen Ob L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S6130, A8911
2013-2014: S607, A2709
2017-2018: S3233, A4312
2019-2020: S2153, A868
2021-2022: S1245
2023-2024: S176

2015-S2481 (ACTIVE) - Summary

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.

2015-S2481 (ACTIVE) - Sponsor 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.

2015-S2481 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2481

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 23, 2015
                               ___________

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.
                                                           LBD07334-01-5

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