BILL NUMBER:  S3233

 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 :

2016: Died in Judiciary
2015: Died in Judiciary
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 Commit-
tee

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The sixtieth day after it shall have become law.