S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3897
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2013
                                      ___________
       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    S 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    S  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.
                                                                  LBD00873-01-3