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A04968 Summary:

BILL NOA04968
 
SAME ASNo Same As
 
SPONSORBrown E
 
COSPNSRGiglio, Manktelow, McDonough, DiPietro, Fitzpatrick, Friend, Angelino, Chang, DeStefano, Blankenbush, Lemondes, Novakhov, Hawley, Gallahan, Brabenec, Smullen, Palmesano, Simpson, Brown K, Tague, Molitor
 
MLTSPNSR
 
Amd §§621 & 631, Exec L; amd §§35.10 & 35.15, Pen L; add §79-r, Civ Rts L
 
Relates to being a good samaritan; adds "reasonable intervention" as a reason to be protected from liability; provides that a person may use physical force when and to the extent that such person reasonably believes that reasonable intervention is necessary to maintain order, but may use deadly physical force only when such person reasonably believes that reasonable intervention is necessary to prevent death or serious physical injury; appropriates $500,000 for public service announcements and community-based training programs aimed at educating people about the legal protections and responsibilities of being a good samaritan.
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A04968 Actions:

BILL NOA04968
 
02/10/2025referred to governmental operations
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A04968 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4968
 
SPONSOR: Brown E
  TITLE OF BILL: An act to amend the executive law, the penal law and the civil rights law, in relation to being a good samaritan; and making an appropriation therefor   PURPOSE:: Relates to good samaritans; appropriation   SUMMARY OF SPECIFIC PROVISIONS:: Section 1. Short title. This act shall be known and may be cited as the "Penny for a hero good samaritan protection act". § 2. Legislative intent. The Penny for a hero good samaritan protection act seeks to encourage and protect individuals who act selflessly to intervene in emergency situations and save lives, without fear of legal repercussions, provided their actions were reasonable, proportionate, and in good faith. The act aims to create a framework that distinguishes between lawful assistance in life-threatening emergencies and unlawful behavior, safeguarding innocent bystanders who choose to help others from criminal liability. The act is inspired by the actions of Daniel Penny, who intervened in a life-threatening situation aboard the New York City subway, illustrating the importance of clear and just protections for those who step in to help others in distress. The name, "Penny for a hero", symbolizes the idea that even a small act of bravery can have a significant and lasting impact on the lives of those involved. § 3. Subdivision 7 of section 621 of the executive law, as added by chapter 351 of the laws of 1982, is amended and a new subdivision 7-a is added to read as follows: 7. "Good samaritan" shall mean a person who, other than a law enforce- ment officer, acts in good faith and believes that reasonable inter- vention is necessary (a) to apprehend a person who has committed a crime in (his) such person's presence or who has in fact committed a felony, (b) to prevent a crime or an attempted crime from occurring, or (c) to aid a law enforcement officer in effecting an arrest. 7-a. "Reasonable intervention" means a person acting as a good Samaritan pursuant to subdivision seven of this section shall be protected From liability if their intervention was made in good faith to prevent immi- nent harm, even if the situation escalates beyond what was intended. § 4. Subdivision 5 of section 631 of the executive law, as amended by section 22 of part A-1 of chapter 56 of the laws of 2010, paragraph (e) as amended by chapter 70 of the laws of 2020, paragraph (f) as added by section 5 of part H of chapter 55 of the laws of 2017, and paragraph (g) as added by chapter 494 of the laws of 2018, is amended to read as follows: 5. (a) In determining the amount of an award, the office shall deter- mine whether, because of   his such victim's conduct, the victim of such crime contributed to the infliction of   his their own injury, and the office shall reduce the amount of the award or reject the claim alto- gether, in accordance with such determination. (b) Notwithstanding the provisions of paragraph (a) of this subdivision, the office shall disregard for this purpose the responsibility of the victim for   his their own injury where the record shows that the person injured was acting as a good samaritan, as defined in this article. (c) Notwithstanding any inconsistent provision of this article, where the person injured acted as a good samaritan, the office may, without regard to the financial difficulty of the claimant, make an award for out-of-pocket losses. Such award may also include compensation for any loss of property up to five thousand dollars suffered by the victim during the course of (his) their actions as a good samaritan. (d) Notwithstanding any inconsistent provision of this article, where a person acted as a good samaritan, and was killed as a direct result of the crime, the office may, without regard to the financial difficulty of the claimant, make a lump sum award to such claimant for actual loss of support not to exceed thirty thousand dollars. (e) Notwithstanding any inconsistent provision of this article, where a police officer or firefighter, both paid and volunteer, dies from inju- ries received in the line of duty as a direct result of a crime, the office may, without regard to the financial difficulty of the claimant, make an award for the unreimbursed counseling expenses of the eligible spouse, domestic partner, parents, brothers, sisters or children of such victim, and/or the reasonable burial expenses incurred by the claimant. (f) Notwithstanding the provisions of paragraph (a) of this subdivision, the office shall disregard for this purpose the responsibility of the victim for (his or her) such victim's own loss of savings. (g) Notwithstanding the provisions of paragraph (a) of this subdivision, if the crime upon which the claim is based resulted in the death of the victim, the office shall determine whether, because of (his or her) such victim's conduct, the victim of such crime contributed to the infliction of (his or her) their own injury, and the office may reduce the amount of the award by no more than fifty percent, in accordance with such determination. § 5. Section 35.10 of the penal law, subdivision 1 as amended by chapter 930 of the laws of 1974, and subdivisions 5 and 6 as amended by chapter 511 of the laws of 2004, is amended to read as follows: § 35.10 Justification; use of physical force generally. The use of physical force upon another person which would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: 1. A parent, guardian or other person entrusted with the care and super- vision of a person under the age of twenty-one or an incompetent person, and a teacher or other person entrusted with the care and supervision of a person under the age of twenty-one for a special purpose, may use physical force, but not deadly physical force, upon such person when and to the extent that (he) suc parent, guardian or other person reasonably believes (it) reasonable intervention is necessary to maintain disci- pline or to promote the welfare of such person. 2. A warden or other authorized official of a jail, prison or correc- tional institution may, in order to maintain order and discipline, use such physical force as is authorized by the correction law. 3. A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under (his) such person's direction, may use physical force when and to the extent that   he such person reasonably believes (it) that reasonable intervention is necessary to maintain order, but   he may use deadly physical force only when (he) such person reasonably believes it necessary to prevent death or serious physical injury. 4. A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon (himself) themselves may use physical force upon such person to the extent that (he) such person reasonably believes it necessary to thwart such result. 5. A duly licensed physician, or a person acting under a physician's direction, may use physical force for the purpose of administering a recognized form of treatment which (he or she) such person reasonably believes to be adapted to promoting the physical or mental health of the patient if (a) the treatment is administered with the consent of the patient or, if the patient is under the age of eighteen years or an incompetent person, with the consent of the parent, guardian or other person entrusted with the patient's care and supervision, or (b) the treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. 6. A person may, pursuant to the ensuing provisions of this article, use physical force upon another person in self-defense or defense of a third person, or in defense of premises, or in order to prevent larceny of or criminal mischief to property, or in order to effect an arrest or prevent an escape from custody. Whenever a person is authorized by any such provision to use deadly physical force in any given circumstance, nothing contained in any other such provision may be deemed to negate or qualify such authorization. 7. A person may use physical force when and to the extent that such Person reasonably believes that reasonable intervention is necessary to maintain order, but may use deadly physical force only when such person reasonably believes that reasonable intervention necessary to prevent death or serious physical injury. 8. For the purposes of this section the term, "reasonable intervention" means a person acting as a good samaritan shall be protected from liability if their intervention was made in good faith to prevent immi- nent harm, even if the situation escalates beyond what was intended. § 6. Section 35.15 of the penal law, as added by chapter 73 of the laws of 1968, subdivisions 1 and 2 as amended by chapter 511 of the laws of 2004, and paragraph (b) of subdivision 2 as amended by chapter 23 of the laws of 2024, is amended to read as follows: § 35.15 Justification; use of physical force in defense of a person. 1. A person may, subject to the provisions of subdivision two of this section, use physical force upon another person when and to the extent (he or she) such person reasonably believes   such reasonable inter- vention to be necessary to defend   himself, herself themselves or a third person from what (he or she) such person reasonably believes to be the use or imminent use of unlawful physical force by such other person, unless: (a) The latter's conduct was provoked by the actor with intent to cause physical injury to another person; or (b) The actor was the initial aggressor; except that in such case the use of physical force is nevertheless justifiable if the actor has with- drawn from the encounter and effectively communicated such withdrawal to such other person but the latter persists in continuing the incident by the use or threatened imminent use of unlawful physical force; or (c) The physical force involved is the product of a combat by agreement not specifically authorized by law. 2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one of this section unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force and reasonable intervention is neces- sary. Even in such case, however, the actor may not use deadly physical force if   he or she such actor knows that with complete personal safe- ty, to oneself and others   he or she such actor may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if   he or she such actor is: (i) in (his or her) such actor's dwelling and not the initial aggressor; or (ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter's direction, acting pursuant to section 35.30 of this article; or (b) (He or she) Such actor reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible aggravated sexual abuse, a crime formerly defined in section 130.50 of this chapter by force, or robbery; or (c) (He or she) Such actor reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20 of this article. 3. For the purposes of this section, the term "reasonable intervention" means a person acting as a good samaritan shall be protected from liability if their intervention was made in good faith to prevent immi- nent harm, even if the situation escalates beyond what was intended. § 7. The civil rights law is amended by adding a new section 79-r to read as follows: § 79-r. Civil immunity for certain persons assisting and providing Reasonable intervention in emergency situations. 1. Any person who voluntarily and without the expectation of monetary compensation provides assistance and reasonable intervention in the event of an acci- dent or other emergency shall not be liable for any civil damages for injuries resulting from any act of commission or omission on such person's part in the injuries were caused by gross negligence on the injuries were caused by gross negligence on the part of such person. 2. For purposes of this section, the following terms shall have the Following meanings: (a)"reasonable intervention" means a person acting as a good samari- tan shall be protected from liability if their intervention was made in good faith to prevent imminent harm, even if the situation escalates beyond what was intended. (b) "gross negligence" means reckless, willful, wanton or intentional misconduct. § 8. 1. The office of crime victims, in consultation with the department of mental hygiene and office of addiction services and supports, shall conduct public service announcements and community-based training programs aimed at educating citizens about the legal protections and responsibilities of being a good samaritan. The goal is to foster a culture of helpfulness and awareness across New York state, encouraging individuals to help when they can. 2. As part of the broader effort to address situations like the tragic death of Jordan Neely, this act shall allocate funds to develop better mental health crisis response protocols, including, but 'not limited to, additional training for first responders, law enforcement, and subway personnel on how to handle such emergencies without resorting to exces- sive force § 9. The sum of five hundred thousand dollars ($500,000), or so much thereof as may be necessary, is hereby appropriated to the department of mental hygiene out of any moneys in the state treasury in the general fund to the credit of the office of addiction services and supports, not otherwise appropriated, and made immediately available, for the purpose of carrying out the provisions of this act. Such moneys shall be payable on the audit and warrant of the comptroller on vouchers certified or approved by the commissioner of the office of addiction services and supports in the manner prescribed by law. § 10. Effective Date.   JUSTIFICATION:: The "Penny for a Hero Good Samaritan Protection Act" protects individ- uals who intervene in emergencies to save lives from legal consequences, as long as their actions are reasonable, proportional, and in good faith. Inspired by Daniel Penny's subway intervention, the bill clari- fies the distinction between lawful and unlawful assistance, ensuring that bystanders who help in life-threatening situations are not crimi- nally liable.   LEGISLATIVE HISTORY:: New Bill.   FISCAL IMPLICATIONS:: To be determined   EFFECTIVE DATE:: This act shall take effect immediately.
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A04968 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4968
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 10, 2025
                                       ___________
 
        Introduced by M. of A. E. BROWN, GIGLIO, MANKTELOW, McDONOUGH, DiPIETRO,
          FITZPATRICK,   FRIEND,   ANGELINO,   CHANG,   DeSTEFANO,  BLANKENBUSH,
          LEMONDES, NOVAKHOV -- read once  and  referred  to  the  Committee  on
          Governmental Operations
 
        AN  ACT  to  amend the executive law, the penal law and the civil rights
          law, in relation to being a good samaritan; and  making  an  appropri-
          ation therefor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Penny for a hero good samaritan protection act".
     3    §  2.  Legislative  intent.  The  Penny  for  a  hero  good  samaritan
     4  protection act seeks to encourage and protect individuals who act  self-
     5  lessly to intervene in emergency situations and save lives, without fear
     6  of  legal repercussions, provided their actions were reasonable, propor-
     7  tionate, and in good faith. The act aims  to  create  a  framework  that
     8  distinguishes  between lawful assistance in life-threatening emergencies
     9  and unlawful behavior, safeguarding innocent bystanders  who  choose  to
    10  help others from criminal liability.
    11    The  act is inspired by the actions of Daniel Penny, who intervened in
    12  a life-threatening situation aboard the New York City subway, illustrat-
    13  ing the importance of clear and just protections for those who  step  in
    14  to help others in distress. The name, "Penny for a hero", symbolizes the
    15  idea that even a small act of bravery can have a significant and lasting
    16  impact on the lives of those involved.
    17    §  3.  Subdivision  7 of section 621 of the executive law, as added by
    18  chapter 351 of the laws of 1982, is amended and a new subdivision 7-a is
    19  added to read as follows:
    20    7. "Good samaritan" shall mean a person who, other than a law enforce-
    21  ment officer, acts in good faith and  believes  that  reasonable  inter-
    22  vention is necessary (a) to apprehend a person who has committed a crime

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00313-01-5

        A. 4968                             2
 
     1  in  [his]  such person's presence or who has in fact committed a felony,
     2  (b) to prevent a crime or an attempted crime from occurring, or  (c)  to
     3  aid a law enforcement officer in effecting an arrest.
     4    7-a. "Reasonable intervention" means a person acting as a good samari-
     5  tan  pursuant  to  subdivision  seven of this section shall be protected
     6  from liability if their intervention was made in good faith  to  prevent
     7  imminent harm, even if the situation escalates beyond what was intended.
     8    §  4. Subdivision 5 of section 631 of the executive law, as amended by
     9  section 22 of part A-1 of chapter 56 of the laws of 2010, paragraph  (e)
    10  as  amended by chapter 70 of the laws of 2020, paragraph (f) as added by
    11  section 5 of part H of chapter 55 of the laws of 2017, and paragraph (g)
    12  as added by chapter 494 of the laws of  2018,  is  amended  to  read  as
    13  follows:
    14    5.  (a) In determining the amount of an award, the office shall deter-
    15  mine whether, because of [his] such victim's conduct, the victim of such
    16  crime contributed to the infliction of [his] their own injury,  and  the
    17  office  shall  reduce  the amount of the award or reject the claim alto-
    18  gether, in accordance with such determination.
    19    (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
    20  sion,  the office shall disregard for this purpose the responsibility of
    21  the victim for [his] their own injury where the record  shows  that  the
    22  person  injured was acting as a good samaritan, as defined in this arti-
    23  cle.
    24    (c) Notwithstanding any inconsistent provision of this article,  where
    25  the  person  injured  acted as a good samaritan, the office may, without
    26  regard to the financial difficulty of the claimant, make  an  award  for
    27  out-of-pocket  losses.  Such award may also include compensation for any
    28  loss of property up to five thousand  dollars  suffered  by  the  victim
    29  during the course of [his] their actions as a good samaritan.
    30    (d)  Notwithstanding any inconsistent provision of this article, where
    31  a person acted as a good samaritan, and was killed as a direct result of
    32  the crime, the office may, without regard to the financial difficulty of
    33  the claimant, make a lump sum award to such claimant for actual loss  of
    34  support not to exceed thirty thousand dollars.
    35    (e)  Notwithstanding any inconsistent provision of this article, where
    36  a police officer or firefighter, both  paid  and  volunteer,  dies  from
    37  injuries received in the line of duty as a direct result of a crime, the
    38  office  may, without regard to the financial difficulty of the claimant,
    39  make an award for the unreimbursed counseling expenses of  the  eligible
    40  spouse, domestic partner, parents, brothers, sisters or children of such
    41  victim, and/or the reasonable burial expenses incurred by the claimant.
    42    (f)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    43  sion, the office shall disregard for this purpose the responsibility  of
    44  the victim for [his or her] such victim's own loss of savings.
    45    (g)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    46  sion, if the crime upon which the claim is based resulted in  the  death
    47  of  the  victim,  the office shall determine whether, because of [his or
    48  her] such victim's conduct, the victim of such crime contributed to  the
    49  infliction  of  [his or her] their own injury, and the office may reduce
    50  the amount of the award by no more than  fifty  percent,  in  accordance
    51  with such determination.
    52    § 5. Section 35.10 of the penal law, subdivision 1 as amended by chap-
    53  ter  930  of  the  laws  of 1974, and subdivisions 5 and 6 as amended by
    54  chapter 511 of the laws of 2004, is amended to read as follows:
    55  § 35.10 Justification; use of physical force generally.

        A. 4968                             3
 
     1    The use of physical force upon another person  which  would  otherwise
     2  constitute  an  offense is justifiable and not criminal under any of the
     3  following circumstances:
     4    1.  A  parent,  guardian  or  other person entrusted with the care and
     5  supervision of a person under the age of twenty-one  or  an  incompetent
     6  person, and a teacher or other person entrusted with the care and super-
     7  vision  of  a  person under the age of twenty-one for a special purpose,
     8  may use physical force, but not deadly physical force, upon such  person
     9  when  and  to the extent that [he] such parent, guardian or other person
    10  reasonably believes [it] reasonable intervention is necessary  to  main-
    11  tain discipline or to promote the welfare of such person.
    12    2.  A warden or other authorized official of a jail, prison or correc-
    13  tional institution may, in order to maintain order and  discipline,  use
    14  such physical force as is authorized by the correction law.
    15    3.  A  person  responsible  for  the  maintenance of order in a common
    16  carrier of passengers, or a person  acting  under  [his]  such  person's
    17  direction,  may use physical force when and to the extent that [he] such
    18  person reasonably believes [it] that reasonable intervention  is  neces-
    19  sary to maintain order, but [he] may use deadly physical force only when
    20  [he]  such  person  reasonably believes it necessary to prevent death or
    21  serious physical injury.
    22    4. A person acting under a reasonable belief that  another  person  is
    23  about  to  commit  suicide  or  to  inflict serious physical injury upon
    24  [himself] themselves may use physical force  upon  such  person  to  the
    25  extent  that [he] such person reasonably believes it necessary to thwart
    26  such result.
    27    5. A duly licensed physician, or a person acting under  a  physician's
    28  direction,  may  use  physical  force for the purpose of administering a
    29  recognized form of treatment which [he or she]  such  person  reasonably
    30  believes to be adapted to promoting the physical or mental health of the
    31  patient  if  (a)  the  treatment is administered with the consent of the
    32  patient or, if the patient is under the age  of  eighteen  years  or  an
    33  incompetent  person,  with  the consent of the parent, guardian or other
    34  person entrusted with the patient's care and  supervision,  or  (b)  the
    35  treatment  is administered in an emergency when the physician reasonably
    36  believes that no one competent to consent can be consulted  and  that  a
    37  reasonable  person,  wishing  to  safeguard  the welfare of the patient,
    38  would consent.
    39    6. A person may, pursuant to the ensuing provisions of  this  article,
    40  use  physical  force upon another person in self-defense or defense of a
    41  third person, or in defense of premises, or in order to prevent  larceny
    42  of  or criminal mischief to property, or in order to effect an arrest or
    43  prevent an escape from custody. Whenever a person is authorized  by  any
    44  such  provision  to use deadly physical force in any given circumstance,
    45  nothing contained in any other such provision may be deemed to negate or
    46  qualify such authorization.
    47    7. A person may use physical force when and to the  extent  that  such
    48  person  reasonably believes that reasonable intervention is necessary to
    49  maintain order, but may use deadly physical force only when such  person
    50  reasonably  believes  that  reasonable intervention necessary to prevent
    51  death or serious physical injury.
    52     8. For the purposes of this  section  the  term,  "reasonable  inter-
    53  vention"  means  a  person acting as a good samaritan shall be protected
    54  from liability if their intervention was made in good faith  to  prevent
    55  imminent harm, even if the situation escalates beyond what was intended.

        A. 4968                             4
 
     1    §  6.  Section  35.15  of the penal law, as added by chapter 73 of the
     2  laws of 1968, subdivisions 1 and 2 as amended by chapter 511 of the laws
     3  of 2004, and paragraph (b) of subdivision 2 as amended by chapter 23  of
     4  the laws of 2024, is amended to read as follows:
     5  § 35.15 Justification; use of physical force in defense of a person.
     6    1.  A person may, subject to the provisions of subdivision two of this
     7  section, use physical force upon another person when and to  the  extent
     8  [he  or  she]  such  person reasonably believes [such] reasonable inter-
     9  vention to be necessary to defend [himself,  herself]  themselves  or  a
    10  third person from what [he or she] such person reasonably believes to be
    11  the use or imminent use of unlawful physical force by such other person,
    12  unless:
    13    (a)  The  latter's  conduct  was  provoked by the actor with intent to
    14  cause physical injury to another person; or
    15    (b) The actor was the initial aggressor; except that in such case  the
    16  use of physical force is nevertheless justifiable if the actor has with-
    17  drawn from the encounter and effectively communicated such withdrawal to
    18  such  other person but the latter persists in continuing the incident by
    19  the use or threatened imminent use of unlawful physical force; or
    20    (c) The physical force involved is the product of a combat  by  agree-
    21  ment not specifically authorized by law.
    22    2.  A  person  may  not  use deadly physical force upon another person
    23  under circumstances specified in subdivision one of this section unless:
    24    (a) The actor reasonably believes that such other person is  using  or
    25  about to use deadly physical force and reasonable intervention is neces-
    26  sary.  Even in such case, however, the actor may not use deadly physical
    27  force  if [he or she] such actor knows that with complete personal safe-
    28  ty, to oneself and others [he or she] such actor may avoid the necessity
    29  of so doing by retreating; except that the actor is  under  no  duty  to
    30  retreat if [he or she] such actor is:
    31    (i) in [his or her]  such actor's dwelling and not the initial aggres-
    32  sor; or
    33    (ii)  a police officer or peace officer or a person assisting a police
    34  officer or a peace officer at the latter's direction, acting pursuant to
    35  section 35.30 of this article; or
    36    (b) [He or she] Such actor reasonably believes that such other  person
    37  is  committing  or  attempting  to  commit  a kidnapping, forcible rape,
    38  forcible aggravated sexual abuse, a crime formerly  defined  in  section
    39  130.50 of this chapter by force, or robbery; or
    40    (c)  [He or she] Such actor reasonably believes that such other person
    41  is committing or attempting to commit a burglary, and the  circumstances
    42  are such that the use of deadly physical force is authorized by subdivi-
    43  sion three of section 35.20 of this article.
    44    3.  For  the  purposes  of  this  section, the term "reasonable inter-
    45  vention" means a person acting as a good samaritan  shall  be  protected
    46  from  liability  if their intervention was made in good faith to prevent
    47  imminent harm, even if the situation escalates beyond what was intended.
    48    § 7. The civil rights law is amended by adding a new section  79-r  to
    49  read as follows:
    50    §  79-r.  Civil  immunity  for certain persons assisting and providing
    51  reasonable intervention in  emergency  situations.  1.  Any  person  who
    52  voluntarily   and  without  the  expectation  of  monetary  compensation
    53  provides assistance and reasonable intervention in the event of an acci-
    54  dent or other emergency shall not be liable for any  civil  damages  for
    55  injuries  resulting  from  any  act  of  commission  or omission on such
    56  person's part in the course of rendering such assistance  unless  it  is

        A. 4968                             5
 
     1  established  that  such  injuries were caused by gross negligence on the
     2  part of such person.
     3    2.  For  purposes  of this section, the following terms shall have the
     4  following meanings:
     5    (a) "reasonable intervention" means a person acting as a good  samari-
     6  tan  shall be protected from liability if their intervention was made in
     7  good faith to prevent imminent harm, even  if  the  situation  escalates
     8  beyond what was intended.
     9    (b)  "gross negligence" means reckless, willful, wanton or intentional
    10  misconduct.
    11    § 8. 1. The office of crime victims, in consultation with the  depart-
    12  ment  of  mental  hygiene and office of addiction services and supports,
    13  shall conduct public service announcements and community-based  training
    14  programs  aimed  at  educating  citizens about the legal protections and
    15  responsibilities of being a good samaritan. The  goal  is  to  foster  a
    16  culture  of helpfulness and awareness across New York state, encouraging
    17  individuals to help when they can.
    18    2. As part of the broader effort to address situations like the tragic
    19  death of Jordan Neely, this act shall allocate funds to  develop  better
    20  mental  health crisis response protocols, including, but not limited to,
    21  additional training for first responders, law  enforcement,  and  subway
    22  personnel  on how to handle such emergencies without resorting to exces-
    23  sive force.
    24    § 9. The sum of five hundred thousand dollars ($500,000), or  so  much
    25  thereof as may be necessary, is hereby appropriated to the department of
    26  mental  hygiene  out  of any moneys in the state treasury in the general
    27  fund to the credit of the office of addiction services and supports, not
    28  otherwise appropriated, and made immediately available, for the  purpose
    29  of carrying out the provisions of this act. Such moneys shall be payable
    30  on  the  audit  and  warrant of the comptroller on vouchers certified or
    31  approved by the commissioner of the office  of  addiction  services  and
    32  supports in the manner prescribed by law.
    33    § 10. This act shall take effect immediately.
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