The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1745
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced  by M. of A. FERNANDEZ, SOLAGES, WILLIAMS, JEAN-PIERRE, HYND-
   MAN, COOK, THIELE, PICHARDO, J. RIVERA,  EPSTEIN,  REYES,  RA,  SIMON,
   GRIFFIN,  O'DONNELL, PRETLOW, HEVESI, PERRY, DE LA ROSA, BARRON, CRUZ,
   ROZIC, SEAWRIGHT, GOTTFRIED, AUBRY,  L. ROSENTHAL,  RICHARDSON,  NIOU,
   HUNTER, BICHOTTE HERMELYN, CARROLL, JOYNER, RODRIGUEZ, VANEL, DARLING,
   DICKENS,  WALKER,  QUART,  FRONTUS  --  Multi-Sponsored by -- M. of A.
   ENGLEBRIGHT -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02888-01-1

 A. 1745                             2
 
 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:
 § 125.08 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL  CARE  RESULTING
            IN INJURY.
   A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
 CARE RESULTING IN INJURY WHEN SUCH PERSON, ACTING AS A  POLICE  OFFICER,
 PEACE OFFICER OR CORRECTION OFFICER: (A) WITH CRIMINAL NEGLIGENCE, FAILS
 TO  MAKE  A  GOOD  FAITH EFFORT TO OBTAIN MEDICAL CARE FOR ANY PERSON IN
 CUSTODY, INCLUDING AN INMATE, DISPLAYING MEDICAL DISTRESS, INCLUDING BUT
 NOT LIMITED TO BREATHING DIFFICULTIES, MIGRAINES AND MUSCLE PAINS, OR  A
 NEED FOR IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
 SUCH  PERSON IN CUSTODY SUFFERS FROM AN INJURY RESULTING FROM SUCH FAIL-
 URE TO OBTAIN MEDICAL CARE.
   CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN INJU-
 RY IS A CLASS E FELONY.
 § 125.09 CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL  CARE  RESULTING
            IN DEATH.
   A  PERSON  IS GUILTY OF CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL
 CARE RESULTING IN DEATH WHEN SUCH PERSON, ACTING AS  A  POLICE  OFFICER,
 PEACE OFFICER OR CORRECTION OFFICER: (A) WITH CRIMINAL NEGLIGENCE, FAILS
 TO  MAKE  A  GOOD  FAITH EFFORT TO OBTAIN MEDICAL CARE FOR ANY PERSON IN
 CUSTODY, INCLUDING AN INMATE, DISPLAYING MEDICAL DISTRESS, INCLUDING BUT
 NOT LIMITED TO BREATHING DIFFICULTIES, MIGRAINES AND MUSCLE PAINS, OR  A
 NEED FOR IMMEDIATE MEDICAL CARE IN THE PRESENCE OF SUCH OFFICER; AND (B)
 SUCH  PERSON  IN  CUSTODY  DIES  AS  A  RESULT OF SUCH FAILURE TO OBTAIN
 MEDICAL CARE.
   CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN DEATH
 IS A CLASS E FELONY.
   § 4. This act shall take effect immediately.