12-101 – Short Title.

§ 12-101. Short title. This article shall be known and may be cited as “the drug dealer liability act”.

12-102 – Definitions.

§ 12-102. Definitions. As used in this article: 1. “Illegal drug” means any controlled substance the possession of which is an offense under the public health law or the penal law. 2. “Drug market” means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug […]

12-103 – Liability Established.

§ 12-103. Liability established. A person who knowingly participates in a drug market within this state and has been convicted of a crime for such participation in a drug market and is a drug trafficker shall be liable for civil damages as provided in this article.

12-104 – Recovery by Persons Other Than Illegal Drug Users.

§ 12-104. Recovery by persons other than illegal drug users. 1. One or more of the following persons may bring an action for and recover damages caused by use of an illegal drug by an individual: (a) A parent, legal guardian, child, or spouse of an individual drug user; (b) An employer of an individual […]

12-105 – Recovery by Illegal Drug Users.

§ 12-105. Recovery by illegal drug users. 1. An individual drug user may not bring an action for damages caused by the use of an illegal drug, unless all of the following conditions are met: (a) The individual discloses to law enforcement authorities, more than six months before filing the action, information known to the […]

12-106 – Scope of Defendant’s Liability Established.

§ 12-106. Scope of defendant’s liability established. A person shall be deemed to have affected a target community based upon the following grades of offenses: 1. For a grade one violation, the county in which the place of participation by the defendant is situated; 2. For a grade two violation, the community described in subdivision […]

12-107 – Joinder.

§ 12-107. Joinder. Two or more persons may join in one cause of action under this article as plaintiffs if each action has at least one place of illegal drug activity in common and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other […]

12-108 – Culpable Conduct; Contribution.

§ 12-108. Culpable conduct; contribution. 1. An action by an individual drug user shall be governed by the provisions of article fourteen-A of the civil practice law and rules. An action by a person other than an individual drug user shall not be governed by the provisions of article fourteen-A of the civil practice law […]

12-109 – Judgments; Execution and Enforcement.

§ 12-109. Judgments; execution and enforcement. 1. The provisions of the civil practice law and rules relating to the exemption of certain real and personal property from execution and enforcement of civil judgments shall not apply to judgment rendered in favor of the plaintiff under this article. 2. Any assets subject to an administrative, civil […]

12-110 – Periods of Limitation.

§ 12-110. Periods of limitation. 1. Notwithstanding any provision of law to the contrary, a claim under this article may not be brought more than two years after the cause of action accrues. A cause of action accrues under this article when a person who may recover has reason to know of the harm from […]