Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 15, 2020 |
signed chap.103 delivered to governor |
Jun 09, 2020 |
returned to senate passed assembly ordered to third reading rules cal.63 substituted for a8226b |
Jun 09, 2020 |
substituted by s6601b |
Jun 08, 2020 |
ordered to third reading rules cal.63 rules report cal.63 reported reported referred to rules |
Jun 06, 2020 |
print number 8226b |
Jun 06, 2020 |
amend and recommit to codes |
Jan 08, 2020 |
referred to codes |
Jun 17, 2019 |
amend and recommit to rules 8226a |
Jun 11, 2019 |
reported referred to rules |
Jun 07, 2019 |
referred to codes |
Assembly Bill A8226A
Signed By Governor2019-2020 Legislative Session
Sponsored By
FERNANDEZ
Archive: Last Bill Status Via S6601 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
Karines Reyes
Victor M. Pichardo
Harvey Epstein
Al Taylor
2019-A8226 - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §28, Civ Rts L
2019-A8226 - Summary
Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.
2019-A8226 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8226 2019-2020 Regular Sessions I N A S S E M B L Y June 7, 2019 ___________ Introduced by M. of A. FERNANDEZ -- read once and referred to the Committee on Codes AN ACT to amend the civil rights law, in relation to medical attention for persons under arrest THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 28 to read as follows: § 28. MEDICAL ATTENTION FOR PERSONS UNDER ARREST. WHEN A PERSON IS UNDER ARREST OR OTHERWISE IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER, REPRESENTATIVE OR ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON, AND OBTAIN ASSISTANCE AND TREATMENT OF SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO HAS NOT RECEIVED SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT- MENT AND WHO, AS A RESULT, SUFFERS INJURY OR SIGNIFICANT EXACERBATION OF AN INJURY OR CONDITION SHALL HAVE A CAUSE OF ACTION AGAINST SUCH OFFI- CER, REPRESENTATIVE, AND/OR ENTITY. IN ANY SUCH CIVIL ACTION, THE COURT, IN ADDITION TO AWARDING MONETARY DAMAGES AND COSTS, MAY AWARD REASONABLE ATTORNEYS' FEES TO A SUCCESSFUL PLAINTIFF. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13190-01-9
co-Sponsors
Karines Reyes
Victor M. Pichardo
Harvey Epstein
Al Taylor
multi-Sponsors
Charles Barron
2019-A8226A - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §28, Civ Rts L
2019-A8226A - Summary
Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.
2019-A8226A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8226--A 2019-2020 Regular Sessions I N A S S E M B L Y June 7, 2019 ___________ Introduced by M. of A. FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR, RICHARDSON, JEAN-PIERRE, HYNDMAN, BLAKE, O'DONNELL, PERRY, HEVESI, SIMOTAS, AUBRY, JAFFEE, CRUZ, RIVERA, WALKER -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the civil rights law, in relation to medical attention for persons under arrest THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 28 to read as follows: § 28. MEDICAL ATTENTION FOR PERSONS UNDER ARREST. WHEN A PERSON IS UNDER ARREST OR OTHERWISE IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER, REPRESENTATIVE OR ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON, AND OBTAIN ASSISTANCE AND TREATMENT OF SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO HAS NOT RECEIVED SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT- MENT AND WHO, AS A RESULT, SUFFERS INJURY OR SIGNIFICANT EXACERBATION OF AN INJURY OR CONDITION SHALL HAVE A CAUSE OF ACTION AGAINST SUCH OFFI- CER, REPRESENTATIVE, AND/OR ENTITY. IN ANY SUCH CIVIL ACTION, THE COURT, IN ADDITION TO AWARDING ACTUAL DAMAGES AND COSTS, MAY AWARD REASONABLE ATTORNEYS' FEES TO A SUCCESSFUL PLAINTIFF. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13190-02-9
co-Sponsors
Carl Heastie
Crystal Peoples-Stokes
Jeffrion Aubry
Karines Reyes
multi-Sponsors
Charles Barron
2019-A8226B (ACTIVE) - Details
- Law Section:
- Civil Rights Law
- Laws Affected:
- Add §28, Civ Rts L
2019-A8226B (ACTIVE) - Summary
Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.
2019-A8226B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8226--B 2019-2020 Regular Sessions I N A S S E M B L Y June 7, 2019 ___________ Introduced by M. of A. FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR, RICHARDSON, JEAN-PIERRE, HYNDMAN, BLAKE, O'DONNELL, PERRY, HEVESI, SIMOTAS, AUBRY, JAFFEE, CRUZ, RIVERA, WALKER, FALL, D'URSO, SAYEGH, NIOU, DE LA ROSA, ORTIZ, L. ROSENTHAL, HUNTER, GANTT, MOSLEY, BICHOTTE, CARROLL, JOYNER, GLICK, LIFTON, VANEL -- Multi-Sponsored by -- M. of A. BARRON -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules -- recommitted to the Committee on Codes in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the civil rights law, in relation to medical attention for persons under arrest THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil rights law is amended by adding a new section 28 to read as follows: § 28. MEDICAL ATTENTION FOR PERSONS UNDER ARREST. WHEN A PERSON IS UNDER ARREST OR OTHERWISE IN THE CUSTODY OF A POLICE OFFICER, PEACE OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER, REPRESENTATIVE OR ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON, AND OBTAIN ASSISTANCE AND TREATMENT OF SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO HAS NOT RECEIVED SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT- MENT AND WHO, AS A RESULT, SUFFERS SERIOUS PHYSICAL INJURY OR SIGNIF- ICANT EXACERBATION OF AN INJURY OR CONDITION SHALL HAVE A CAUSE OF ACTION AGAINST SUCH OFFICER, REPRESENTATIVE, AND/OR ENTITY. IN ANY SUCH CIVIL ACTION, THE COURT, IN ADDITION TO AWARDING ACTUAL DAMAGES AND COSTS, MAY AWARD REASONABLE ATTORNEYS' FEES TO A SUCCESSFUL PLAINTIFF. THE PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPER- SEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY. § 2. This act shall take effect immediately.
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