Bill Text: NY A03744 | 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 23-1)

Status: (Introduced) 2023-07-24 - enacting clause stricken [A03744 Detail]

Download: New_York-2023-A03744-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3744

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2023
                                       ___________

        Introduced  by  M.  of A. EPSTEIN, WILLIAMS, JEAN-PIERRE, HYNDMAN, COOK,
          THIELE, RIVERA, REYES, RA,  SIMON,  HEVESI,  CRUZ,  ROZIC,  SEAWRIGHT,
          AUBRY,   L. ROSENTHAL,  HUNTER,  BICHOTTE HERMELYN,  CARROLL,  JOYNER,
          VANEL, DARLING, DICKENS, WALKER --  read  once  and  referred  to  the
          Committee on Codes

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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06181-01-3
        A. 3744                             2

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