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