The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3744
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. EPSTEIN, WILLIAMS, JEAN-PIERRE, HYNDMAN, COOK,
   THIELE, RIVERA, REYES, RA,  SIMON,  HEVESI,  CRUZ,  ROZIC,  SEAWRIGHT,
   AUBRY,   L. ROSENTHAL,  HUNTER,  BICHOTTE HERMELYN,  CARROLL,  JOYNER,
   VANEL, DARLING, DICKENS, WALKER --  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
 MEDICAL CARE, THE BOARD SHALL  REFER  SUCH  CASE  TO  PROSECUTORS  AS  A
 VIOLATION OF SECTION 125.09 OF THE PENAL LAW.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06181-01-3
 A. 3744                             2

 
   §  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.