S T A T E   O F   N E W   Y O R K
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                                  8483

                            I N  S E N A T E

                            September 8, 2010
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the penal law, in relation to creating  the  offense  of
  failure  to administer cardiopulmonary resuscitation; and to amend the
  general municipal law, in relation to requiring police officers to  be
  retrained annually in cardiopulmonary resuscitation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
"Briana's Law".
  S  2.  Title  H  of part 3 of the penal law is amended by adding a new
article 137 to read as follows:
                               ARTICLE 137
            FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION
SECTION 137.00 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN
                 THE SECOND DEGREE.
        137.05  FAILURE  TO  ADMINISTER CARDIOPULMONARY RESUSCITATION IN
                 THE FIRST DEGREE.
S 137.00 FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE
           SECOND DEGREE.
  A  PERSON  IS GUILTY OF FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCI-
TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
TY AS A PEACE OFFICER, AS SUCH TERM IS DEFINED IN SECTION  2.10  OF  THE
CRIMINAL  PROCEDURE  LAW, REFUSES TO ADMINISTER CARDIOPULMONARY RESUSCI-
TATION, AS DEFINED BY SUBDIVISION SIX OF SECTION SIX HUNDRED  TWENTY-ONE
OF  THE GENERAL BUSINESS LAW, TO SOMEONE IN NEED OF SUCH CARDIOPULMONARY
RESUSCITATION.
  FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S   137.05 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
TY  AS  A  PEACE OFFICER, AS SUCH TERM IS DEFINED IN SECTION 2.10 OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD18115-01-0

S. 8483                             2

CRIMINAL PROCEDURE LAW, REFUSES TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
TATION,  AS DEFINED BY SUBDIVISION SIX OF SECTION SIX HUNDRED TWENTY-ONE
OF THE GENERAL BUSINESS LAW, TO SOMEONE IN NEED OF SUCH  CARDIOPULMONARY
RESUSCITATION  AND  THE  PERSON IN NEED OF SUCH CARDIOPULMONARY RESUSCI-
TATION BECOMES PERMANENTLY DISABLED OR DIES.
  FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  FIRST
DEGREE IN A CLASS E FELONY.
  S  3.  The  general  municipal  law is amended by adding a new section
208-h to read as follows:
  S 208-H. ANNUAL POLICE OFFICER CARDIOPULMONARY RESUSCITATION  RETRAIN-
ING.  EVERY POLICE OFFICER SHALL BE ANNUALLY:
  1.  RETRAINED  IN CARDIOPULMONARY RESUSCITATION AS DEFINED BY SUBDIVI-
SION SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS  LAW;
AND
  2.  REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING IN
CARDIOPULMONARY RESUSCITATION.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.