SB 1286 Modifies the law regarding duties of business owners or operators to guard against criminal acts
Sponsor: Scott
LR Number: 5398S.01I Fiscal Note:
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 3/3/2008 - Second Read and Referred S Judiciary and Civil & Criminal Jurisprudence Committee Journal Page: S425
Title: Calendar Position:
Effective Date: August 28, 2008

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Current Bill Summary


SB 1286 - This act creates the "Business Premises Safety Act." The act provides that a business owners or operators shall not restrict any person from lawfully possessing a firearm in a motor vehicle, except for a motor vehicle owned or leased by such business.

The act also provides that business owners or operators have no duty to guard against the criminal acts of a third party, unless they know or have reason to know that the criminal acts are occurring or are about to occur on the premises, or if the same criminal acts have occurred on the premises within the prior 24 months.

A business also has no duty to implement security measure for the protection of its customers, but shall determine if such measures shall be implemented by considering the magnitude of the burden to the business and the foreseeability of the injury to be prevented. If past criminal activities have occurred, evidence of remedial action shall be inadmissible to show prior negligence.

Business owners or operators shall not be liable for injury or damage resulting from compliance with the provisions of this act.

This act is similar to HB 1383 (2008).

ALEXA PEARSON