Do you support this bill?

Assembly Bill A6869

2021-2022 Legislative Session

Relates to criminal liability of witnesses for failure to seek medical attention for a drug or alcohol overdose

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2021-A6869 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §220.79, Pen L

2021-A6869 (ACTIVE) - Summary

Provides criminal liability for a person who fails to seek medical attention care for someone who he or she knows, or reasonably should have known, is experiencing a drug or alcohol overdose.

2021-A6869 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6869
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 13, 2021
                                ___________
 
 Introduced  by M. of A. GALEF -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law,  in  relation  to  the  failure  to  seek
   medical attention for a drug or alcohol overdose
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 220.79  to
 read as follows:
 § 220.79 FAILURE TO SEEK MEDICAL ATTENTION FOR AN OVERDOSE.
   1.  A  PERSON  IS  GUILTY  OF FAILURE TO SEEK MEDICAL ATTENTION FOR AN
 OVERDOSE WHEN HE OR SHE WITNESSES A DRUG OR ALCOHOL OVERDOSE  AND  FAILS
 TO MAKE A REASONABLE EFFORT TO SEEK HEALTH CARE FOR SOMEONE WHO IS EXPE-
 RIENCING  A  DRUG  OR ALCOHOL OVERDOSE OR OTHER LIFE THREATENING MEDICAL
 EMERGENCY.
   2. FOR THE PURPOSES OF THIS SECTION:
   (A) "DRUG OR ALCOHOL OVERDOSE" OR "OVERDOSE" MEANS AN ACUTE  CONDITION
 INCLUDING,  BUT  NOT LIMITED TO, PHYSICAL ILLNESS, COMA, MANIA, HYSTERIA
 OR DEATH, WHICH IS THE RESULT OF CONSUMPTION  OR  USE  OF  A  CONTROLLED
 SUBSTANCE  OR ALCOHOL AND RELATES TO AN ADVERSE REACTION TO OR THE QUAN-
 TITY OF THE CONTROLLED SUBSTANCE OR ALCOHOL OR A  SUBSTANCE  WITH  WHICH
 THE  CONTROLLED  SUBSTANCE  OR  ALCOHOL  WAS  COMBINED;  PROVIDED THAT A
 PATIENT'S CONDITION SHALL BE DEEMED TO BE A DRUG OR ALCOHOL OVERDOSE  IF
 A  PRUDENT  LAYPERSON,  POSSESSING  AN AVERAGE KNOWLEDGE OF MEDICINE AND
 HEALTH, COULD REASONABLY BELIEVE THAT THE CONDITION IS IN FACT A DRUG OR
 ALCOHOL OVERDOSE AND (EXCEPT AS TO DEATH) REQUIRES HEALTH CARE.
   (B) "HEALTH CARE" MEANS THE PROFESSIONAL SERVICES PROVIDED TO A PERSON
 EXPERIENCING A DRUG OR ALCOHOL OVERDOSE BY A  HEALTH  CARE  PROFESSIONAL
 LICENSED, REGISTERED OR CERTIFIED UNDER TITLE EIGHT OF THE EDUCATION LAW
 OR ARTICLE THIRTY OF THE PUBLIC HEALTH LAW WHO, ACTING WITHIN HIS OR HER
 LAWFUL  SCOPE OF PRACTICE, MAY PROVIDE DIAGNOSIS, TREATMENT OR EMERGENCY
 SERVICES FOR A PERSON EXPERIENCING A DRUG OR ALCOHOL OVERDOSE.
   FAILURE TO SEEK MEDICAL ATTENTION FOR AN OVERDOSE SHALL BE A  CLASS  B
 MISDEMEANOR.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.