The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3056

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M.  of  A.  FERNANDEZ,  SOLAGES,  WILLIAMS, JEAN-PIERRE,
  D'URSO,  HYNDMAN,  ARROYO,  RAMOS,  THIELE,  COOK,  CRESPO,  PICHARDO,
  RIVERA,  EPSTEIN,  MOSLEY, CROUCH, RA -- 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  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 OR DENIES ACCESS TO 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 125.09 OF THE PENAL LAW.
  § 3. The penal law is amended by adding two new  sections  125.08  and
125.09 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03980-02-9

A. 3056                             2

§ 125.08 CRIMINALLY  NEGLIGENT  FAILURE TO OBTAIN MEDICAL CARE RESULTING
           IN INJURY.
  A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
CARE RESULTING IN INJURY WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,
PEACE OFFICER OR 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 IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
SUCH  PERSON IN CUSTODY SUFFERS FROM AN INJURY RESULTING FROM SUCH FAIL-
URE TO OBTAIN MEDICAL CARE.
  CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN INJU-
RY IS A CLASS E VIOLENT FELONY.
§ 125.09 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL  CARE  RESULTING
           IN DEATH.
  A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
CARE RESULTING IN DEATH WHEN SUCH PERSON, ACTING AS  A  POLICE  OFFICER,
PEACE OFFICER OR 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 IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
SUCH  PERSON  IN  CUSTODY  DIES  AS  A  RESULT OF SUCH FAILURE TO OBTAIN
MEDICAL CARE.
  CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN DEATH
IS A CLASS B VIOLENT FELONY.
  § 4. This act shall take effect immediately.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3056--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M.  of  A.  FERNANDEZ,  SOLAGES,  WILLIAMS, JEAN-PIERRE,
  D'URSO,  HYNDMAN,  ARROYO,  RAMOS,  THIELE,  COOK,  CRESPO,  PICHARDO,
  RIVERA,  EPSTEIN, MOSLEY, CROUCH, RA, REYES, SIMON, GRIFFIN, ABINANTI,
  BLAKE -- Multi-Sponsored by -- M. of A. DE LA ROSA --  read  once  and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 OR DENIES ACCESS TO CARE TO AN INMATE  OR
PERSON  IN  CUSTODY  DISPLAYING MEDICAL DISTRESS OR A NEED FOR IMMEDIATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03980-03-9

A. 3056--A                          2

MEDICAL CARE, THE BOARD SHALL  REFER  SUCH  CASE  TO  PROSECUTORS  AS  A
VIOLATION OF SECTION 125.09 OF THE PENAL LAW.
  §  3.  The  penal law is amended by adding two new sections 125.08 and
125.09 to read as follows:
§ 125.08 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL  CARE  RESULTING
           IN INJURY.
  A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
CARE RESULTING IN INJURY WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,
PEACE OFFICER OR 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 IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
SUCH  PERSON IN CUSTODY SUFFERS FROM AN INJURY RESULTING FROM SUCH FAIL-
URE TO OBTAIN MEDICAL CARE.
  CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN INJU-
RY IS A CLASS A MISDEMEANOR.
§ 125.09 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL  CARE  RESULTING
           IN DEATH.
  A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
CARE RESULTING IN DEATH WHEN SUCH PERSON, ACTING AS  A  POLICE  OFFICER,
PEACE OFFICER OR 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 IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
SUCH  PERSON  IN  CUSTODY  DIES  AS  A  RESULT OF SUCH FAILURE TO OBTAIN
MEDICAL CARE.
  CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN DEATH
IS A CLASS A MISDEMEANOR.
  § 4. This act shall take effect immediately.