BILL NUMBER: S1245

SPONSOR: GIANARIS
 
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 prem-
ises 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.

 
EXISTING LAW:

 
JUSTIFICATION:

This legislation is designed to address an immediate and pressing legis-
lative 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 disin-
centives against, and increase the motivation for, business and not-for-
profit corporations stepping forward as "safe havens" in order to devel-
op the practical networks needed to protect the public.

 
LEGISLATIVE HISTORY:

2020: Died in Judiciary
2019: Died in Judiciary
2018: Died in Judiciary
2017: Died in Judiciary
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 Committee

 
FISCAL IMPLICATIONS:

None.

 
LOCAL FISCAL IMPLICATIONS:

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