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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 05, 2018 print number 11378a
Dec 05, 2018 amend and recommit to codes
Oct 19, 2018 referred to codes

Co-Sponsors

A11378 - Details

Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §195.01, Pen L
Versions Introduced in 2019-2020 Legislative Session:
A3056

A11378 - Summary

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

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

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 2019-2020 Legislative Session:
A3056

A11378A (ACTIVE) - Summary

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

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