The New York State Senate

                    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

                      [ ] is old law to be omitted.
                                                           LBD16582-03-8

A. 11378--A                         2

CORRECTION  OFFICER:  (A) WITH CRIMINAL NEGLIGENCE, FAILS TO MAKE A GOOD
FAITH EFFORT TO OBTAIN MEDICAL CARE FOR ANY PERSON IN CUSTODY, INCLUDING
AN INMATE, DISPLAYING MEDICAL DISTRESS, INCLUDING  BUT  NOT  LIMITED  TO
BREATHING  DIFFICULTIES, MIGRAINES AND MUSCLE PAINS, OR A NEED FOR IMME-
DIATE 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.