S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1296
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 28, 2009
                                      ___________
       Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Crime Victims,  Crime
         and Correction
       AN  ACT  to amend the correction law, in relation to releasing employers
         from certain liability for hiring certain persons
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The correction law is amended by adding a new section 756
    2  to read as follows:
    3    S 756. RELEASE FROM LIABILITY. AN EMPLOYER WHO REASONABLY  ADHERES  TO
    4  THE  PROVISIONS  OF  THIS  ARTICLE  SHALL  THEREBY  BE RELIEVED FROM ALL
    5  LIABILITY FOR PERSONAL INJURIES OR DEATH SUSTAINED BY  EMPLOYEES,  INVI-
    6  TEES  AND  LICENSEES AS A DIRECT RESULT OF A CRIMINAL ACT BY AN EMPLOYEE
    7  HIRED IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE, AND THE PERSONS
    8  ENTITLED TO COMPENSATION UNDER THIS CHAPTER SHALL HAVE RECOURSE THEREFOR
    9  ONLY TO THE STATE FUND AND NOT TO THE EMPLOYER. AN  EMPLOYER  SHALL  NOT
   10  OTHERWISE  BE  RELIEVED  FROM LIABILITY EXCEPT BY THE PAYMENT THEREOF BY
   11  HIMSELF OR HERSELF OR HIS OR HER INSURANCE CARRIER.   THE PROVISIONS  OF
   12  THIS  SECTION  SHALL  NOT APPLY TO THE STATE OF NEW YORK, AS AN EMPLOYER
   13  EXCEPT TO THE EXTENT THAT THE FUND HAS PROVIDED INSURANCE COVERAGE ON AN
   14  ACTUARIALLY SOUND BASIS TO THE  STATE  PURSUANT  TO  THE  PROVISIONS  OF
   15  SECTION  EIGHTY-EIGHT-C OF THE WORKERS' COMPENSATION LAW.  TO THE EXTENT
   16  THAT THE FUND HAS NOT PROVIDED  INSURANCE  COVERAGE  ON  AN  ACTUARIALLY
   17  SOUND  BASIS  PURSUANT  TO SECTION EIGHTY-EIGHT-C OF SUCH LAW, ANY STATE
   18  EMPLOYEE OR OTHER PERSON ENTITLED TO COMPENSATION UNDER THIS ARTICLE  AS
   19  A  CONSEQUENCE OF PERSONAL INJURIES OR DEATH OF A STATE EMPLOYEE, LICEN-
   20  SEE OR INVITEE SHALL HAVE DIRECT RECOURSE THEREFOR ONLY TO THE STATE.
   21    S 2. This act shall take effect immediately and shall apply to  causes
   22  of action filed on and after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01488-01-9