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


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 19-0)

Status: (Introduced) 2019-06-17 - amend and recommit to rules 8226a [A08226 Detail]

Download: New_York-2019-A08226-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8226--A

                               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 -- 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

        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 injury or significant exacerbation of
    12  an injury or condition shall have a cause of action against  such  offi-
    13  cer, representative, and/or entity. In any such civil action, the court,
    14  in  addition  to awarding actual damages and costs, may award reasonable
    15  attorneys' fees to  a  successful  plaintiff.  The  provisions  of  this
    16  section are in addition to, but shall not supersede, any other rights or
    17  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.
                                                                   LBD13190-02-9
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