assembly Bill A1745

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 11, 2021 referred to codes

Co-Sponsors

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Multi-Sponsors

A1745 (ACTIVE) - Details

See Senate Version of this Bill:
S818
Current Committee:
Assembly Codes
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
2019-2020: A3056, S4076

A1745 (ACTIVE) - Summary

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

A1745 (ACTIVE) - Bill Text download pdf

 
                     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