Bill Text: NY A08438 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 8438 (Prior Session Legislation)

Introduced

Bill Title: Requires paid emergency responders to be retrained annually in CPR and creates the offense of failure to administer CPR in the first and second degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A08438 Detail]

Download: New_York-2015-A08438-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8438
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    October 9, 2015
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to creating  the  offense  of
         failure  to administer cardiopulmonary resuscitation; and to amend the
         general municipal law, in relation to requiring paid emergency respon-
         ders to be retrained annually in cardiopulmonary resuscitation
         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  "Briana's Law".
    3    S 2. Title H of part 3 of the penal law is amended  by  adding  a  new
    4  article 137 to read as follows:
    5                                 ARTICLE 137
    6              FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION
    7  SECTION 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN
    8                   THE SECOND DEGREE.
    9          137.05 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN
   10                   THE FIRST DEGREE.
   11  S 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE
   12             SECOND DEGREE.
   13    A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
   14  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
   15  TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
   16  ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
   17  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
   18  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
   19  OF SUCH CARDIOPULMONARY RESUSCITATION.
   20    FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE SECOND
   21  DEGREE IS A CLASS A MISDEMEANOR.
   22  S  137.05 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE
   23             FIRST DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03649-01-5
       A. 8438                             2
    1    A  PERSON  IS GUILTY OF FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCI-
    2  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
    3  TY AS A PAID EMERGENCY RESPONDER INCLUDING POLICE  OFFICERS;  FIREFIGHT-
    4  ERS;   AND   EMERGENCY   MEDICAL   TECHNICIANS   REFUSES  TO  ADMINISTER
    5  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
    6  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
    7  OF  SUCH  CARDIOPULMONARY  RESUSCITATION  AND THE PERSON IN NEED OF SUCH
    8  CARDIOPULMONARY RESUSCITATION BECOMES PERMANENTLY DISABLED OR DIES.
    9    FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  FIRST
   10  DEGREE IN A CLASS E FELONY.
   11    S  3.  The  general  municipal  law is amended by adding a new section
   12  208-h to read as follows:
   13    S 208-H. ANNUAL CARDIOPULMONARY RESUSCITATION RETRAINING.  EVERY  PAID
   14  EMERGENCY  RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER-
   15  GENCY MEDICAL TECHNICIANS SHALL BE ANNUALLY:
   16    1. RETRAINED IN CARDIOPULMONARY RESUSCITATION AS DEFINED  BY  SUBDIVI-
   17  SION  SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW;
   18  AND
   19    2. REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING  IN
   20  CARDIOPULMONARY RESUSCITATION.
   21    S  4.  This  act  shall take effect on the sixtieth day after it shall
   22  have become a law.