Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Dec 05, 2018 | print number 11378a |
Dec 05, 2018 | amend and recommit to codes |
Oct 19, 2018 | referred to codes |
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
Bill Amendments
Co-Sponsors
Walter T. Mosley
Inez Barron
David McDonough
A11378 - Details
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
Walter T. Mosley
Inez Barron
David McDonough
A11378A (ACTIVE) - Details
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