S T A T E O F N E W Y O R K
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8438
2015-2016 Regular Sessions
I N A S S E M B L Y
October 9, 2015
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Introduced by M. of A. ORTIZ -- read once and referred to the Committee
on Codes
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 paid emergency respon-
ders 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 PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
ERS; AND EMERGENCY MEDICAL TECHNICIANS REFUSES TO ADMINISTER
CARDIOPULMONARY RESUSCITATION, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03649-01-5
A. 8438 2
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 PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
ERS; AND EMERGENCY MEDICAL TECHNICIANS REFUSES TO ADMINISTER
CARDIOPULMONARY RESUSCITATION, 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 RESUSCITATION 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 CARDIOPULMONARY RESUSCITATION RETRAINING. EVERY PAID
EMERGENCY RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER-
GENCY MEDICAL TECHNICIANS 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.