assembly Bill A8226A

Signed By Governor
2019-2020 Legislative Session

Relates to medical attention for persons under arrest

download bill text pdf

Sponsored By

Current Bill Status Via S6601 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (17)
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

Co-Sponsors

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A8226 - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

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.

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

view additional co-sponsors

Multi-Sponsors

A8226A - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

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.

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

view additional co-sponsors

Multi-Sponsors

A8226B (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

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.

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.