Assembly Actions -
Senate Actions - UPPERCASE
|Feb 02, 2023||
referred to crime victims, crime and correction
Senate Bill S4054
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S4054 (ACTIVE) - Details
2023-S4054 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4054 SPONSOR: FERNANDEZ TITLE OF BILL: 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 PURPOSE OR GENERAL IDEA OF BILL: Mandates that correctional facilities and police/peace officers must provide adequate medical attention to incarcerated individuals showing medical distress, and imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress. SUMMARY OF PROVISIONS: Section 1 states that this act shall be known as the 'Andrew Kearse Act' Section 2 requires that all correctional facilities; police officers. and peace officers must provide proper medical care to incarcerated
2023-S4054 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4054 2023-2024 Regular Sessions I N S E N A T E February 2, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction 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 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL 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 INCARCERATED INDIVIDUAL 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. § 3. The penal law is amended by adding two new sections 125.08 and 125.09 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06181-02-3
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