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.