Bill Text: NY S06601 | 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 15-0)
Status: (Passed) 2020-06-15 - SIGNED CHAP.103 [S06601 Detail]
Download: New_York-2019-S06601-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6601--B 2019-2020 Regular Sessions IN SENATE June 18, 2019 ___________ Introduced by Sens. BAILEY, JACKSON, LIU, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee 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. LBD13190-09-0