HB 252 Modifies the law regarding duties of business owners or operators to guard against criminal acts

Current Bill Summary

- Prepared by Senate Research -

HB 252 - This act creates the "Business Premises Safety Act." The act provides that 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. Business owners or operators shall not be liable for injury or damage resulting from not restricting the possession of firearms in vehicles.

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 in court to show prior negligence.

This act is similar to HB 1400 (2010), SB 3 (2009), HB 170 (2009), HB 1383 (2008), and SB 1286 (2008).


Go to Main Bill Page  |  Return to Summary List  |  Return to Senate Home Page