S T A T E   O F   N E W   Y O R K
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    S. 3038                                                  A. 4762

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 7, 2011
                               ___________

IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
  the Committee on Codes

AN ACT to amend the penal law, in relation to creating  the  offense  of
  failure  to administer cardiopulmonary resuscitation; and to amend the
  general municipal law, in relation to requiring paid emergency respon-
  ders to be retrained annually in cardiopulmonary resuscitation

  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
"Briana's Law".
  S 2. Title H of part 3 of the penal law is amended  by  adding  a  new
article 137 to read as follows:
                               ARTICLE 137
            FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION
SECTION 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN
                 THE SECOND DEGREE.
        137.05 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN
                 THE FIRST DEGREE.
S 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE
           SECOND DEGREE.
  A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
OF SUCH CARDIOPULMONARY RESUSCITATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07621-01-1

              

S. 3038                             2                            A. 4762

  FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE SECOND
DEGREE IS A CLASS A MISDEMEANOR.
S   137.05 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN THE
           FIRST DEGREE.
  A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
OF  SUCH  CARDIOPULMONARY  RESUSCITATION  AND THE PERSON IN NEED OF SUCH
CARDIOPULMONARY RESUSCITATION BECOMES PERMANENTLY DISABLED OR DIES.
  FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  FIRST
DEGREE IN A CLASS E FELONY.
  S  3.  The  general  municipal  law is amended by adding a new section
208-h to read as follows:
  S 208-H. ANNUAL CARDIOPULMONARY RESUSCITATION RETRAINING.  EVERY  PAID
EMERGENCY  RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER-
GENCY MEDICAL TECHNICIANS SHALL BE ANNUALLY:
  1. RETRAINED IN CARDIOPULMONARY RESUSCITATION AS DEFINED  BY  SUBDIVI-
SION  SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW;
AND
  2. REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING  IN
CARDIOPULMONARY RESUSCITATION.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.