assembly Bill A3056B

2019-2020 Legislative Session

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

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Current 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Sep 11, 2019 print number 3056b
Sep 11, 2019 amend and recommit to codes
Apr 08, 2019 print number 3056a
Apr 08, 2019 amend and recommit to codes
Jan 28, 2019 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3056 - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A11378

A3056 - Summary

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

A3056 - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3056A - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A11378

A3056A - Summary

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

A3056A - Bill Text download pdf


                    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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3056B (ACTIVE) - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in 2017-2018 Legislative Session:
A11378

A3056B (ACTIVE) - Summary

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

A3056B (ACTIVE) - Bill Text download pdf


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

                                 3056--B

                       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, PRETLOW, O'DONNELL, HEVESI, PERRY, SCHIMMINGER  --  Multi-Spon-
  sored  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  committee -- again
  reported from said committee with  amendments,  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 OR DENIES ACCESS TO CARE TO AN INMATE  OR

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