Assembly Bill A10621

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10621
 
                           I N  A S S E M B L Y
 
                               June 10, 2020
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Kim) -- read
   once and referred to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to the liability of
   residential health care facilities; to amend  the  judiciary  law,  in
   relation  to  requiring  courts to afford protection of free speech to
   non-violent protesters; and to  repeal  article  30-D  of  the  public
   health  law relating to the emergency or disaster treatment protection
   act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 30-D of the public health law is REPEALED.
   §  2. Subdivisions 1 and 2 of section 2801-d of the public health law,
 subdivision 1 as amended by chapter 61 of the laws of 2009 and  subdivi-
 sion  2 as added by chapter 658 of the laws of 1975, are amended to read
 as follows:
   1. Any residential health care facility that deprives any  patient  of
 said  facility of any right or benefit, as hereinafter defined, shall be
 liable to said patient for injuries suffered as a result of said  depri-
 vation,  except  as hereinafter provided. For purposes of this section a
 "right or benefit" of a patient of a residential  health  care  facility
 shall  mean any right or benefit created or established for the well-be-
 ing of the patient by the terms of any contract, by any  state  statute,
 code,  rule  or  regulation  or by any applicable federal statute, code,
 rule or regulation, where noncompliance by said facility with such stat-
 ute, code, rule or regulation has not been expressly authorized  by  the
 appropriate governmental authority. [No person who pleads and proves, as
 an  affirmative defense, that the facility exercised all care reasonably
 necessary to prevent and limit the  deprivation  and  injury  for  which
 liability  is  asserted  shall  be  liable  under this section.] For the
 purposes of this section, "injury" shall include, but not be limited to,
 physical harm to a patient; emotional harm to  a  patient;  death  of  a
 patient; and financial loss to a patient.
   2. Upon a finding that a patient has been deprived of a right or bene-
 fit  and  that  said patient has been injured as a result of said depri-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16643-02-0

 A. 10621                            2
 
 vation, [and unless there is a finding that the facility  exercised  all
 care reasonably necessary to prevent and limit the deprivation and inju-
 ry  to the patient,] compensatory damages shall be assessed in an amount
 sufficient  to  compensate such patient for such injury, but in no event
 less than twenty-five percent of the daily per-patient rate  of  payment
 established for the residential health care facility under section twen-
 ty-eight  hundred seven of this article or, in the case of a residential
 health care facility not having such an established  rate,  the  average
 daily  total  charges  per  patient for said facility, for each day that
 such injury exists. In addition, where the deprivation of any such right
 or benefit is found to have been willful or in reckless disregard of the
 lawful rights of the patient, punitive damages may be assessed.
   § 3. The judiciary law is amended by adding a new section 39-c to read
 as follows:
   § 39-C. FREE SPEECH PROTECTIONS AFFORDED TO NON-VIOLENT PROTESTERS.  A
 COURT OF COMPETENT JURISDICTION IN  NEW  YORK  STATE  SHALL  AFFORD  ANY
 DEFENDANT  IN A CRIMINAL OR CIVIL ACTION, IMMUNITY UNDER THE FREE SPEECH
 PROVISIONS OF THE FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION, AND
 IMMUNITY UNDER THE FREE SPEECH PROVISIONS OF SECTION  EIGHT  OF  ARTICLE
 ONE OF THE NEW YORK STATE CONSTITUTION, IF SUCH DEFENDANT, WITHOUT CAUS-
 ING  ANY  HARM  TO  ANY  OTHER PERSON OR PROPERTY, COMMITS, PROMOTES THE
 COMMISSION OF, AND/OR FACILITATES THE COMMISSION OF  ANY  OFFENSE  UNDER
 SECTION  240.05  OF  THE  PENAL  LAW, RIOT IN THE SECOND DEGREE; SECTION
 240.06 OF THE PENAL LAW, RIOT IN THE FIRST DEGREE; SECTION 240.08 OF THE
 PENAL LAW, INCITING TO RIOT; SECTION 240.10 OF THE PENAL  LAW,  UNLAWFUL
 ASSEMBLY;  SECTION  240.15  OF  THE PENAL LAW, CRIMINAL ANARCHY; SECTION
 240.20 OF THE PENAL LAW, DISORDERLY CONDUCT; AND/OR  SECTION  240.35  OF
 THE PENAL LAW, LOITERING.
   § 4. This act shall take effect immediately.