S T A T E   O F   N E W   Y O R K
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                                  2268

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

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.