Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 03, 2024 |
referred to judiciary |
Jan 10, 2023 |
referred to judiciary |
Senate Bill S1094
2023-2024 Legislative Session
Sponsored By
(D) 36th Senate District
Current 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
Actions
co-Sponsors
(D) 14th Senate District
2023-S1094 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- General Obligations Law
- Laws Affected:
- Add §11-108, Gen Ob L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S5922
2019-2020: S2181
2021-2022: S3347
2023-S1094 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1094 SPONSOR: BAILEY TITLE OF BILL: An act to amend the general obligations law, in relation to providing for compensation for injury or death caused by the negligent entrustment of a firearm PURPOSE: To extend the negligent entrustment liability of firearm manufacturers and sellers to the maximum extent allowable under federal law. SUMMARY OF PROVISIONS: Section 1 establishes the legislative intent. Section 2 amends the general obligations law by adding a new section 11-108 creating a statutory right of action for negligent entrustment of a firearm. Negligent entrustment means "the supplying of a firearm by a seller for use by another person when the seller knows, or reasonably
2023-S1094 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1094 2023-2024 Regular Sessions I N S E N A T E January 10, 2023 ___________ Introduced by Sens. BAILEY, COMRIE -- 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 providing for compensation for injury or death caused by the negligent entrust- ment of a firearm THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The federal Protection of Lawful Commerce in Arms Act, 109 P.L. 92, 119 Stat. 2095, bars almost all civil actions or proceedings against manufacturers and sellers of firearms, but it provides an exemption for actions brought for negligent entrust- ment. Negligent entrustment under the act means the supplying of a firearm by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. It is the intent of the legislature to extend the negligent entrustment liability of firearm manufacturers and sellers to the maximum extent allowable under federal law. § 2. The general obligations law is amended by adding a new section 11-108 to read as follows: § 11-108. COMPENSATION FOR INJURY OR DEATH CAUSED BY THE NEGLIGENT ENTRUSTMENT OF A FIREARM. 1. ANY PERSON WHO IS INJURED IN PERSON, PROP- ERTY, MEANS OF SUPPORT, OR OTHERWISE BY THE USE OF A FIREARM SHALL HAVE A RIGHT OF ACTION AGAINST ANY PERSON OR ENTITY WHO CAUSED OR CONTRIBUTED TO THE INJURY THROUGH THE NEGLIGENT ENTRUSTMENT OF A FIREARM. IN ANY SUCH ACTION, THE INJURED PERSON SHALL HAVE A RIGHT TO RECOVER ACTUAL AND PUNITIVE DAMAGES. 2. IN CASE OF THE DEATH OF THE PERSON INJURED, THE ACTION OR RIGHT OF ACTION GIVEN BY THIS ACTION SHALL SURVIVE TO HIS OR HER EXECUTOR OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03321-01-3 S. 1094 2
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