senate Bill S4076B

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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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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 crime victims, crime and correction
Sep 11, 2019 print number 4076b
Sep 11, 2019 amend and recommit to crime victims, crime and correction
Apr 11, 2019 print number 4076a
Apr 11, 2019 amend and recommit to crime victims, crime and correction
Feb 27, 2019 referred to crime victims, crime and correction

S4076 - Details

See Assembly Version of this Bill:
A3056
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: S818, A1745

S4076 - Summary

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

S4076 - Sponsor Memo

S4076 - Bill Text download pdf


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

                                  4076

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 27, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

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

S4076A - Details

See Assembly Version of this Bill:
A3056
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: S818, A1745

S4076A - Summary

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

S4076A - Sponsor Memo

S4076A - Bill Text download pdf


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

                                 4076--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 27, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, 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
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

S4076B (ACTIVE) - Details

See Assembly Version of this Bill:
A3056
Current Committee:
Senate Crime Victims, Crime And Correction
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: S818, A1745

S4076B (ACTIVE) - Summary

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

S4076B (ACTIVE) - Sponsor Memo

S4076B (ACTIVE) - Bill Text download pdf


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

                                 4076--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 27, 2019
                               ___________

Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, 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
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.

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

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