Bill Text: NY A08226 | 2019-2020 | General Assembly | Amended

New York Assembly Bill 8226 (Prior Session Legislation)

Bill Title: Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.

Spectrum: Partisan Bill (Democrat 63-0)

Status: (Passed) 2020-06-15 - SIGNED CHAP.103 [A08226 Detail]

Download: New_York-2019-A08226-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         8226--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 7, 2019
                                       ___________

        Introduced  by  M.  of  A.  FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR,
          RICHARDSON, JEAN-PIERRE, HYNDMAN,  BLAKE,  O'DONNELL,  PERRY,  HEVESI,
          SIMOTAS,  AUBRY,  JAFFEE,  CRUZ, RIVERA, WALKER, FALL, D'URSO, SAYEGH,
          NIOU,  DE LA ROSA,  ORTIZ,  L. ROSENTHAL,   HUNTER,   GANTT,   MOSLEY,
          BICHOTTE,  CARROLL, JOYNER, GLICK, LIFTON, VANEL -- Multi-Sponsored by
          -- M. of A. BARRON -- read once and referred to the Committee on Codes
          -- reported and referred to the Committee on Rules -- Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  the Committee on Rules -- recommitted to the Committee on Codes in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the civil rights law, in relation to  medical  attention
          for persons under arrest

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil rights law is amended by adding a new section  28
     2  to read as follows:
     3    §  28.  Medical  attention  for persons under arrest. When a person is
     4  under arrest or otherwise in the custody  of  a  police  officer,  peace
     5  officer or other law enforcement representative or entity, such officer,
     6  representative  or  entity shall have a duty to provide attention to the
     7  medical and mental health needs of such person,  and  obtain  assistance
     8  and  treatment  of  such needs for such person, which are reasonable and
     9  provided in good faith under the circumstances. Any person who  has  not
    10  received  such reasonable and good faith attention, assistance or treat-
    11  ment and who, as a result, suffers serious physical  injury  or  signif-
    12  icant  exacerbation  of  an  injury  or  condition shall have a cause of
    13  action against such officer, representative, and/or entity. In any  such
    14  civil  action,  the  court,  in  addition to awarding actual damages and
    15  costs, may award reasonable attorneys' fees to a  successful  plaintiff.
    16  The  provisions of this section are in addition to, but shall not super-
    17  sede, any other rights or remedies available in law or equity.
    18    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13190-10-0