Bill Text: NY A01745 | 2021-2022 | General Assembly | Introduced
Bill Title: Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.
Spectrum: Partisan Bill (Democrat 39-1)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A01745 Detail]
Download: New_York-2021-A01745-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1745 2021-2022 Regular Sessions IN ASSEMBLY January 11, 2021 ___________ Introduced by M. of A. FERNANDEZ, SOLAGES, WILLIAMS, JEAN-PIERRE, HYND- MAN, COOK, THIELE, PICHARDO, J. RIVERA, EPSTEIN, REYES, RA, SIMON, GRIFFIN, O'DONNELL, PRETLOW, HEVESI, PERRY, DE LA ROSA, BARRON, CRUZ, ROZIC, SEAWRIGHT, GOTTFRIED, AUBRY, L. ROSENTHAL, RICHARDSON, NIOU, HUNTER, BICHOTTE HERMELYN, CARROLL, JOYNER, RODRIGUEZ, VANEL, DARLING, DICKENS, WALKER, QUART, FRONTUS -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Codes AN ACT to amend the correction law and the penal law, in relation to imposing criminal liability for the failure to obtain medical care for a person in custody displaying medical distress 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 "Andrew Kearse act". 3 § 2. Paragraph (e) of subdivision 1 of section 47 of the correction 4 law is amended by adding a new subparagraph (iii) to read as follows: 5 (iii) The board shall require any police officer, peace officer, 6 correction officer or other employee of a correctional facility to 7 provide immediate medical attention when an inmate or person in custody 8 displays medical distress. The board shall require state and local 9 correctional facilities and law enforcement agencies to conduct training 10 on assisting a person displaying medical distress. The board shall 11 investigate all alleged failures of any police officer, peace officer, 12 correction officer or other employee of a correctional facility to 13 provide medical care to an inmate or person in custody displaying 14 medical distress or a need for immediate medical care. If the board 15 discovers any police officer, peace officer, correction officer, or 16 other employee of a correctional facility failed to make reasonable 17 effort to provide medical care or denies access to care to an inmate or 18 person in custody displaying medical distress or a need for immediate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02888-01-1A. 1745 2 1 medical care, the board shall refer such case to prosecutors as a 2 violation of section 125.09 of the penal law. 3 § 3. The penal law is amended by adding two new sections 125.08 and 4 125.09 to read as follows: 5 § 125.08 Criminally negligent failure to obtain medical care resulting 6 in injury. 7 A person is guilty of criminally negligent failure to obtain medical 8 care resulting in injury when such person, acting as a police officer, 9 peace officer or correction officer: (a) with criminal negligence, fails 10 to make a good faith effort to obtain medical care for any person in 11 custody, including an inmate, displaying medical distress, including but 12 not limited to breathing difficulties, migraines and muscle pains, or a 13 need for immediate medical care in the presence of such officer; and (b) 14 such person in custody suffers from an injury resulting from such fail- 15 ure to obtain medical care. 16 Criminally negligent failure to obtain medical care resulting in inju- 17 ry is a class E felony. 18 § 125.09 Criminally negligent failure to obtain medical care resulting 19 in death. 20 A person is guilty of criminally negligent failure to obtain medical 21 care resulting in death when such person, acting as a police officer, 22 peace officer or correction officer: (a) with criminal negligence, fails 23 to make a good faith effort to obtain medical care for any person in 24 custody, including an inmate, displaying medical distress, including but 25 not limited to breathing difficulties, migraines and muscle pains, or a 26 need for immediate medical care in the presence of such officer; and (b) 27 such person in custody dies as a result of such failure to obtain 28 medical care. 29 Criminally negligent failure to obtain medical care resulting in death 30 is a class E felony. 31 § 4. This act shall take effect immediately.