Senate Bill S4054

                             
                     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
              

 S. 4054                             2
 
 § 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  INCARCERATED  INDIVIDUAL,  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 FAILURE 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  INCARCERATED  INDIVIDUAL,  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.