Senate Bill S6601A

Signed By Governor
2019-2020 Legislative Session

Relates to medical attention for persons under arrest

download bill text pdf

Sponsored By

Archive: Last Bill Status - 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

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Votes

Bill Amendments

co-Sponsors

2019-S6601 - Details

See Assembly Version of this Bill:
A8226
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-S6601 - 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-S6601 - Sponsor Memo

2019-S6601 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6601
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed 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 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

2019-S6601A - Details

See Assembly Version of this Bill:
A8226
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-S6601A - 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-S6601A - Sponsor Memo

2019-S6601A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6601--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced  by  Sens. BAILEY, SALAZAR -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.
                                                            LBD13190-04-9

co-Sponsors

2019-S6601B (ACTIVE) - Details

See Assembly Version of this Bill:
A8226
Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-S6601B (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-S6601B (ACTIVE) - Sponsor Memo

2019-S6601B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6601--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 18, 2019
                                ___________
 
 Introduced  by  Sens.  BAILEY,  JACKSON,  LIU, SALAZAR -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Rules  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted  to  said  committee  --  recommitted  to  the
   Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-09-0

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