senate Bill S3587

2011-2012 Legislative Session

Requires hospitals to report all gunshot wounds within 1 hour of treatment and failure to do so results in a misdemeanor

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 28, 2011 referred to codes

S3587 - Bill Details

Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง265.25, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S22

S3587 - Bill Texts

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Requires hospitals to report all gunshot wounds within 1 hour of treatment and failure to do so results in a misdemeanor.

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BILL NUMBER:S3587

TITLE OF BILL:
An act
to amend the penal law, in relation to requiring hospitals to report any
gunshot injury to law enforcement within one hour of treatment

PURPOSE:
The purpose of this bill is to require hospitals to report all gunshot
injuries to law enforcement with (1) one hour of
identification/classification

SUMMARY OF PROVISIONS:
Section 265.25 of the Penal law is amended to read as follows: Every
case of a bullet wound gunshot wound, powder bum or any other injury
arising from or caused by the discharge of a gun or firearm, and
every case of a wound which is likely to or may result in death and
is actually or apparently inflicted by a knife, ice pick or other
sharp or pointed instrument, shall be reported at once to the police
authorities of the city, town, or village where the person reporting
is located by: (a) the physician attending or treating the case; or
(b) the manager, superintendent or other person in charge, whenever
such case is treated in a hospital, sanitarium or other institution.
Failure to make such report is a class A misdemeanor.

JUSTIFICATION:
Although there is already legislation in place mandating the reporting
of such injuries to law enforcement, there is no timetable in place.
Sluggish reporting hampers investigations and can cause loss of key
materials and witnesses to such crimes.

Expedient reporting will give law enforcement officials a much needed
leg up on solving these violent crimes.

LEGISLATIVE HISTORY:
2010: S.22 Held in Codes.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall a take effect on the ninetieth day after it shall have
become a law.

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

                                  3587

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 28, 2011
                               ___________

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

AN ACT to amend the penal law, in relation  to  requiring  hospitals  to
  report any gunshot injury to law enforcement within one hour of treat-
  ment

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

  Section 1. Section 265.25 of the penal  law  is  amended  to  read  as
follows:
S 265.25 Certain wounds to be reported.
  1.  Every  case  of  a bullet wound, gunshot wound, powder burn or any
other injury arising from or  caused  by  the  discharge  of  a  gun  or
firearm,  and  every case of a wound which is likely to or may result in
death and is actually or apparently inflicted by  a  knife,  icepick  or
other  sharp  or  pointed  instrument,  shall be reported at once to the
police authorities of the city, town or village where the person report-
ing is located by: (a) the physician attending or treating the case;  or
(b) the manager, superintendent or other person in charge, whenever such
case  is treated in a hospital, sanitarium or other institution. Failure
to make such report is a class A misdemeanor. This subdivision shall not
apply to such wounds, burns or injuries received  by  a  member  of  the
armed forces of the United States or the state of New York while engaged
in the actual performance of duty.
  2.  WITHIN  ONE  HOUR  OF  CLASSIFYING ANY INJURY AS A GUNSHOT WOUND A
HOSPITAL IS REQUIRED TO REPORT SUCH FINDING TO PROPER LAW ENFORCEMENT AS
PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION.   FAILURE  TO  MAKE  SUCH
REPORT WITHIN ONE HOUR IS A CLASS A MISDEMEANOR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07517-01-1

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