Bill Text: NY S04054 | 2023-2024 | General Assembly | Introduced

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Bill Title: Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION [S04054 Detail]

Download: New_York-2023-S04054-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4054

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 2, 2023
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed  to  be committed to the Committee on Crime Victims, Crime and
          Correction

        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 incarcerated  individual  or
     8  person  in  custody  displays medical distress.  The board shall require
     9  state and local correctional facilities and law enforcement agencies  to
    10  conduct training on assisting a person displaying medical distress.  The
    11  board  shall  investigate  all  alleged  failures of any police officer,
    12  peace officer, correction officer or other employee  of  a  correctional
    13  facility to provide medical care to an incarcerated individual or person
    14  in  custody  displaying medical distress or a need for immediate medical
    15  care.  If  the  board  discovers  any  police  officer,  peace  officer,
    16  correction  officer, or other employee of a correctional facility failed
    17  to make reasonable effort to provide medical care or  denies  access  to
    18  care  to  an  incarcerated  individual  or  person in custody displaying
    19  medical distress or a need for immediate medical care, the  board  shall
    20  refer  such  case to prosecutors as a violation of section 125.09 of the
    21  penal law.
    22    § 3. The penal law is amended by adding two new  sections  125.08  and
    23  125.09 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06181-02-3
        S. 4054                             2

     1  § 125.08 Criminally  negligent  failure to obtain medical care resulting
     2             in injury.
     3    A  person  is guilty of criminally negligent failure to obtain medical
     4  care resulting in injury when such person, acting as a  police  officer,
     5  peace officer or correction officer: (a) with criminal negligence, fails
     6  to  make  a  good  faith effort to obtain medical care for any person in
     7  custody,  including  an  incarcerated  individual,  displaying   medical
     8  distress, including but not limited to breathing difficulties, migraines
     9  and  muscle  pains, or a need for immediate medical care in the presence
    10  of such officer; and (b) such person in custody suffers from  an  injury
    11  resulting from such failure to obtain medical care.
    12    Criminally negligent failure to obtain medical care resulting in inju-
    13  ry is a class E felony.
    14  § 125.09 Criminally  negligent  failure to obtain medical care resulting
    15             in death.
    16    A person is guilty of criminally negligent failure to  obtain  medical
    17  care  resulting  in  death when such person, acting as a police officer,
    18  peace officer or correction officer: (a) with criminal negligence, fails
    19  to make a good faith effort to obtain medical care  for  any  person  in
    20  custody,   including  an  incarcerated  individual,  displaying  medical
    21  distress, including but not limited to breathing difficulties, migraines
    22  and muscle pains, or a need for immediate medical care in  the  presence
    23  of such officer; and (b) such person in custody dies as a result of such
    24  failure to obtain medical care.
    25    Criminally negligent failure to obtain medical care resulting in death
    26  is a class E felony.
    27    § 4. This act shall take effect immediately.