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A06283 Summary:

BILL NOA06283
 
SAME ASNo Same As
 
SPONSORCrespo
 
COSPNSR
 
MLTSPNSR
 
Add 11-108, Gen Ob L
 
Creates a cause of action for injuries to person, property, means of support, or otherwise, including death, sustained by persons possessing imitation weapons against persons who cause or contribute to such injuries by manufacturing, selling, or distributing such weapons illegally.
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A06283 Actions:

BILL NOA06283
 
03/04/2019referred to judiciary
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A06283 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6283
 
SPONSOR: Crespo
  TITLE OF BILL: An act to amend the general obligations law, in relation to creating a cause of action for injuries or other damages sustained by reason of the violation of article 39-B of the general business law prohibiting imitation weapons   PURPOSE OR GENERAL IDEA OF BILL: This measure will hold liable and impose penalties on the manufacturers, distributors, and retailers for any halm inflicted upon consumers and bystanders as a result of purchasing and using toy guns.   SUMMARY OF SPECIFIC PROVISIONS: Bill § 1 amends the General Obligations Law by adding a new § 11-10B, creating a right of action for compensation for any person injured by reason of possession of an imitation weapon that was imported, manufac- tured, sold or distributed in violation of Article 39-B of the General Business Law-(GBL). For the purpose of this section, the term "imitation weapon" shall have the meaning defined therefor by GBL § 871.   JUSTIFICATION: The incidents involving toy guns and law enforcement are on the rise. It is just simply irresponsible for toy guns to be manufactured to resemble "real weapons", it is equally irresponsible for those poten- tially deadly "toys" to be shipped, distributed, marketed and sold to the children of New York State. Let us not forget that the vast majority of police officers are seen by the community as allies in the struggle against crime, drugs, and attacks on the more vulnerable members of society. Rather than placing the blame on these officers, let us place the blame and the true liabil- ity where the fault lies, on the toy manufacturers and distributors. Even the most seasoned officers experience deep psychological trauma and post-traumatic stress disorders. The terrible human cost imposed by these tragedies, both for the young people and their families, as well as the officers, are purely unimaginable. No family or individual should ever endure this anguish. Clearly the time has come to go beyond exist- ing laws regarding realistic toy guns, these laws are obviously insuffi- cient.   LEGISLATIVE HISTORY: A.2972 (1999-2000) A.4710 (2001-02) A.3003 (2003-04) A.2803 (2005-06) A.8881 (2009-10) A.4246 (2011-12) referred Assembly Judiciary Committee. A.3897 of 2013 died in judiciary. A.6738 of 2015 died in judiciary BILL NO A06061 02/23/2017 referred to judiciary 01/03/2018 referred to judiciary   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become law.
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A06283 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6283
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2019
                                       ___________
 
        Introduced by M. of A. CRESPO -- read once and referred to the Committee
          on Judiciary
 
        AN  ACT  to amend the general obligations law, in relation to creating a
          cause of action for injuries or other damages sustained by  reason  of
          the  violation of article 39-B of the general business law prohibiting
          imitation weapons

          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 11-108 to read as follows:
     3    § 11-108. Compensation for injury caused by the  illegal  importation,
     4  manufacture,  sale, or distribution of imitation weapons. 1.  Any person
     5  who shall be injured in person, property, means of support, or otherwise
     6  by reason of such person's possession of an  imitation  weapon,  whether
     7  resulting  in  his  or  her  death  or not, shall have a right of action
     8  against any person who shall, by importing, manufacturing,  selling,  or
     9  distributing such imitation weapon in violation of article thirty-nine-B
    10  of  the general business law, have caused or contributed to such injury;
    11  and in any such action such person shall have a right to recover  actual
    12  and exemplary damages.
    13    2. In case of the death of either party, the action or right of action
    14  given by this section shall survive to or against his or her executor or
    15  administrator,  and the amount so recovered by either a husband, wife or
    16  child shall be his or her sole and separate property.
    17    3. Such action may be brought in any court of competent jurisdiction.
    18    4. In any case where parents shall be entitled to such damages, either
    19  the father or mother may sue alone therefor, but recovery by one of such
    20  parties shall be a bar to suit brought by the other.
    21    5. For the purposes of this section, the term "imitation weapon" shall
    22  have the meaning defined therefor by section eight  hundred  seventy-one
    23  of the general business law.
    24    §  2. This act shall take effect on the first of January next succeed-
    25  ing the date on which it shall have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10195-01-9
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