Bill Text: NY A03303 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the "Steven Kovacs Law" to impose an affirmative duty upon a residential host to render assistance to a guest on private premises in the event of a medical emergency.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2014-12-17 - tabled [A03303 Detail]

Download: New_York-2013-A03303-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3303
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the general obligations law, in relation to enacting the
         "Steven  Kovacs  Law" to impose an affirmative duty upon a residential
         host to render assistance to a guest on private premises in the  event
         of a medical emergency
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be  cited  as  the  "Steven
    2  Kovacs Law".
    3    S  2.  Article 9 of the general obligations law is amended by adding a
    4  new title 2 to read as follows:
    5                                    TITLE 2
    6                         SOCIAL HOST RESPONSIBILITY
    7  SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
    8    S 9-201. SOCIAL HOST RESPONSIBILITY.  1.  FOR  THE  PURPOSES  OF  THIS
    9  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   10    (A) "HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREMISES.
   11    (B)  "CONTROL"  MEANS  THE  ACTUAL  AUTHORITY AND ABILITY TO REGULATE,
   12  DIRECT OR DOMINATE THE PRIVATE PREMISES.
   13    (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
   14  ATIVE UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND  OPEN
   15  AREAS OVER WHICH THE HOST HAS CONTROL.
   16    (D)  "GUEST"  MEANS  A PERSON WHO IS PHYSICALLY PRESENT ON THE PRIVATE
   17  PREMISES OF A HOST, WHICH SHALL NOT BE DEEMED TO INCLUDE  PERSONS  TRES-
   18  PASSING UPON THE PRIVATE PREMISES.
   19    2.  A HOST WHO IS PRESENT AND HAS ACTUAL KNOWLEDGE THAT A GUEST ON THE
   20  PRIVATE PREMISES OVER WHICH THE HOST EXERCISES CONTROL IS  SUFFERING  OR
   21  HAS  SUFFERED  A  MEDICAL  EMERGENCY  AND  WHO  FAILS TO GIVE REASONABLE
   22  ASSISTANCE TO SUCH GUEST  SHALL  BE  LIABLE  FOR  DAMAGES  FOR  INJURIES
   23  SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05048-01-3
       A. 3303                             2
    1  OCCURRED  BY  REASON  OF SUCH FAILURE. REASONABLE ASSISTANCE MAY INCLUDE
    2  OBTAINING OR ATTEMPTING TO OBTAIN AID FROM LAW  ENFORCEMENT  OR  MEDICAL
    3  PERSONNEL.
    4    3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF THIS SECTION, ONCE A HOST OR
    5  OTHER PERSON AT THE PRIVATE PREMISES HAS UNDERTAKEN TO RENDER REASONABLE
    6  ASSISTANCE TO A GUEST, IT SHALL BE A COMPLETE DEFENSE AGAINST ANY  CLAIM
    7  FOR  CIVIL  DAMAGES ALLEGEDLY CAUSED BY ACTS OR OMISSIONS OF SUCH PERSON
    8  IN RENDERING SUCH ASSISTANCE, UNLESS IT IS ESTABLISHED THAT  SUCH  INJU-
    9  RIES  OR  DEATH  WERE  CAUSED  BY  GROSS  NEGLIGENCE ON THE PART OF SUCH
   10  PERSON.
   11    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   12  have become a law.