S T A T E O F N E W Y O R K
________________________________________________________________________
2268
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. LUPARDO, SWEENEY -- Multi-Sponsored by -- M. of
A. GREENE -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to establishing penalties for
failure to seek necessary medical or emergency assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The penal law is amended by adding a new section 240.75 to
read as follows:
S 240.75 FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE.
A PERSON IS GUILTY OF FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY
ASSISTANCE WHEN, HAVING RECKLESSLY OR WITH CRIMINAL NEGLIGENCE CAUSED
SERIOUS PHYSICAL INJURY TO ANOTHER PERSON IN VIOLATION OF ARTICLE ONE
HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, HE OR SHE:
1. KNOWINGLY FAILS TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE
FOR SUCH PERSON WITHIN A REASONABLE PERIOD OF TIME, ALTHOUGH REASONABLY
ABLE TO DO SO; AND
2. SUCH INJURY IS NOT OTHERWISE REPORTED FOR NECESSARY MEDICAL OR
EMERGENCY ASSISTANCE WITHIN A REASONABLE PERIOD OF TIME.
FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE IS A CLASS A
MISDEMEANOR.
S 2. Paragraph (b) of subdivision 5 of section 70.25 of the penal law,
as amended by chapter 3 of the laws of 1995, is amended to read as
follows:
(b)(I) Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite, inde-
terminate or determinate term of imprisonment which may be imposed as a
sentence upon such conviction shall run consecutively to any term of
imprisonment which was previously imposed or which may be prospectively
imposed where the person was confined within a detention facility at the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03013-01-9
A. 2268 2
time of the assault upon a charge which culminated in such sentence of
imprisonment.
(II) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, WHEN A
PERSON IS CONVICTED OF FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY
ASSISTANCE, AS DEFINED IN SECTION 240.75 OF THIS CHAPTER, ANY DEFINITE
TERM OF IMPRISONMENT WHICH MAY BE IMPOSED AS A SENTENCE UPON SUCH
CONVICTION SHALL RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED
FOR A CRIME ARISING FROM THE SAME CRIMINAL TRANSACTION.
S 3. Paragraph (b) of subdivision 5 of section 70.25 of the penal law,
as added by chapter 372 of the laws of 1981, is amended to read as
follows:
(b)(I) Except as provided in paragraph (c) of this subdivision, when a
person is convicted of assault in the second degree, as defined in
subdivision seven of section 120.05 of this chapter, any definite or
indeterminate term of imprisonment which may be imposed as a sentence
upon such conviction shall run consecutively to any term of imprisonment
which was previously imposed or which may be prospectively imposed where
the person was confined within a detention facility at the time of the
assault upon a charge which culminated in such sentence of imprisonment.
(II) EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, WHEN A
PERSON IS CONVICTED OF FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY
ASSISTANCE, AS DEFINED IN SECTION 240.75 OF THIS CHAPTER, ANY DEFINITE
TERM OF IMPRISONMENT WHICH MAY BE IMPOSED AS A SENTENCE UPON SUCH
CONVICTION SHALL RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED
FOR A CRIME ARISING FROM THE SAME CRIMINAL TRANSACTION.
S 4. This act shall take effect on the ninetieth day after it shall
have become a law, provided that the amendments to paragraph (b) of
subdivision 5 of section 70.25 of the penal law made by section two of
this act shall be subject to the expiration and reversion of such para-
graph pursuant to subdivision d of section 74 of chapter 3 of the laws
of 1995, as amended, when upon such date the provisions of section three
of this act shall take effect.