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Assembly Bill A11378A

2017-2018 Legislative Session

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2017-A11378 - Details

Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §195.01, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A3056
2021-2022: A1745
2023-2024: A3744

2017-A11378 - Summary

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

2017-A11378 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11378
 
                           I N  A S S E M B L Y
 
                             October 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez)
   -- read once and referred to the Committee on Codes
 
 AN ACT to amend the correction law and the penal  law,  in  relation  to
   imposing criminal liability for the failure to obtain medical care for
   a person in custody displaying medical distress
 
   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
 the "Andrew Kearse act".
   §  2.  Paragraph  (e) of subdivision 1 of section 47 of the correction
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) THE BOARD SHALL REQUIRE ALL CORRECTIONAL FACILITIES  TO  PROVIDE
 IMMEDIATE  MEDICAL  ATTENTION  WHEN AN INMATE DISPLAYS MEDICAL DISTRESS.
 THE BOARD SHALL INVESTIGATE ALL ALLEGED  FAILURES  OF  ANY  CORRECTIONAL
 FACILITY  TO  PROVIDE  MEDICAL  CARE  TO  AN  INMATE  DISPLAYING MEDICAL
 DISTRESS OR A NEED FOR IMMEDIATE MEDICAL CARE. IF  THE  BOARD  DISCOVERS
 ANY POLICE OFFICER, PEACE OFFICER, CORRECTION OFFICER, OR OTHER EMPLOYEE
 OF  A  CORRECTIONAL FACILITY FAILED TO MAKE REASONABLE EFFORT TO PROVIDE
 MEDICAL CARE TO AN INMATE DISPLAYING MEDICAL  DISTRESS  OR  A  NEED  FOR
 IMMEDIATE  MEDICAL  CARE, THE BOARD SHALL REFER SUCH CASE TO PROSECUTORS
 AS A VIOLATION OF SECTION 195.01 OF THE PENAL LAW.
   § 3. The penal law is amended by adding a new section 195.01  to  read
 as follows:
 § 195.01 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE.
   A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
 CARE WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,  PEACE  OFFICER  OR
 CORRECTION  OFFICER:  (A)  WITH  CRIMINAL  NEGLIGENCE,  FAILS  TO OBTAIN
 MEDICAL CARE FOR ANY PERSON IN CUSTODY, INCLUDING AN INMATE,  DISPLAYING
 MEDICAL DISTRESS OR A NEED FOR IMMEDIATE MEDICAL CARE IN THE PRESENCE OF
 SUCH  OFFICER;  AND (B) SUCH PERSON IN CUSTODY SUFFERS FROM AN INJURY OR
 DEATH RESULTING FROM SUCH FAILURE TO OBTAIN MEDICAL CARE.
   CRIMINALLY NEGLIGENT FAILURE TO OBTAIN  MEDICAL  CARE  IS  A  CLASS  A
 MISDEMEANOR.
   § 4. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

2017-A11378A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §195.01, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A3056
2021-2022: A1745
2023-2024: A3744

2017-A11378A (ACTIVE) - Summary

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

2017-A11378A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11378--A
 
                           I N  A S S E M B L Y
 
                             October 19, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Fernandez,
   Mosley, Barron, McDonough) -- read once and referred to the  Committee
   on  Codes  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law and the penal  law,  in  relation  to
   imposing criminal liability for the failure to obtain medical care for
   a person in custody displaying medical distress
 
   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
 the "Andrew Kearse act".
   §  2.  Paragraph  (e) of subdivision 1 of section 47 of the correction
 law is amended by adding a new subparagraph (iii) to read as follows:
   (III) THE BOARD SHALL  REQUIRE  ANY  POLICE  OFFICER,  PEACE  OFFICER,
 CORRECTION  OFFICER  OR  OTHER  EMPLOYEE  OF  A CORRECTIONAL FACILITY TO
 PROVIDE IMMEDIATE MEDICAL ATTENTION WHEN AN INMATE OR PERSON IN  CUSTODY
 DISPLAYS  MEDICAL  DISTRESS.    THE  BOARD SHALL REQUIRE STATE AND LOCAL
 CORRECTIONAL FACILITIES AND LAW ENFORCEMENT AGENCIES TO CONDUCT TRAINING
 ON ASSISTING A PERSON DISPLAYING MEDICAL  DISTRESS.    THE  BOARD  SHALL
 INVESTIGATE  ALL  ALLEGED FAILURES OF ANY POLICE OFFICER, PEACE OFFICER,
 CORRECTION OFFICER OR OTHER  EMPLOYEE  OF  A  CORRECTIONAL  FACILITY  TO
 PROVIDE  MEDICAL  CARE  TO  AN  INMATE  OR  PERSON IN CUSTODY DISPLAYING
 MEDICAL DISTRESS OR A NEED FOR IMMEDIATE  MEDICAL  CARE.  IF  THE  BOARD
 DISCOVERS  ANY  POLICE  OFFICER,  PEACE  OFFICER, CORRECTION OFFICER, OR
 OTHER EMPLOYEE OF A CORRECTIONAL  FACILITY  FAILED  TO  MAKE  REASONABLE
 EFFORT  TO  PROVIDE  MEDICAL  CARE  TO  AN  INMATE  OR PERSON IN CUSTODY
 DISPLAYING MEDICAL DISTRESS OR A NEED FOR IMMEDIATE  MEDICAL  CARE,  THE
 BOARD  SHALL  REFER  SUCH  CASE TO PROSECUTORS AS A VIOLATION OF SECTION
 195.01 OF THE PENAL LAW.
   § 3. The penal law is amended by adding a new section 195.01  to  read
 as follows:
 § 195.01 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE.
   A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
 CARE WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,  PEACE  OFFICER  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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