Bill Text: NY A09443 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires that plaintiffs no longer have to prove that a sexual offense occurred on the premises of, chattels or property belonging to a corporate entity in action for negligent supervision.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-03-14 - referred to judiciary [A09443 Detail]

Download: New_York-2023-A09443-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9443

                   IN ASSEMBLY

                                     March 14, 2024
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Judiciary

        AN ACT to amend the general obligations law,  in  relation  to  changing
          what needs to be proven in an action for negligent supervision

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general obligations law is  amended  by  adding  a  new
     2  section 18-202 to read as follows:
     3    §  18-202.  Liability  for  negligent  supervision  in cases of sexual
     4  offenses. 1. For the purposes of  this  section,  a  "corporate  entity"
     5  shall  include  any  foreign  or domestic corporation, limited liability
     6  company, limited liability partnership, or other corporate entity  doing
     7  business in this state.
     8    2.  In  any  civil  action against a corporate entity, or any officer,
     9  director, member or manager thereof, for  negligent  supervision  of  an
    10  employee  or agent alleged to have engaged in conduct that would consti-
    11  tute a sexual offense as defined in article one hundred  thirty  of  the
    12  penal  law, the plaintiff shall not be required to prove that the person
    13  committing such sexual offense did so on the premises of, or with  chat-
    14  tels or property belonging to, the allegedly negligent corporate entity,
    15  officer, director, member, or manager.
    16    §  2.  This  act  shall take effect immediately and shall apply to all
    17  pending actions and actions commenced on or after such date.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13826-01-3