BILL NUMBER: S7232
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 of the bill amends § 9-103 of the general obligations law by
adding a new § 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 of the bill establishes the effective date.
 
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:
2023-24: S176 (Gianaris) died in Judiciary
2021-22: S1245 (Gianaris) died in Judiciary
2019-20: S2153 (Gianaris) died in Judiciary / A868 (Simotas) died in
judiciary
2017-18: S3233 (Gianaris) died in Judiciary / A4312 (Simotas) died in
judiciary
2015-16: S2481 (Gianaris) died in Judiciary / A4712 (Simotas) died in
judiciary
2013-14: S607 (Gianaris) died in Judiciary / A2709 (Simotas) died in
judiciary
2012: S6130 (Gianaris) died in Rules / A8911 (Simotas) died in judiciary
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become law.

Statutes affected:
S7232: 9-103 general obligations law