Assembly Bill A3056B

2019-2020 Legislative Session

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A3056 - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: A1745, S818
2023-2024: A3744, S4054

2019-A3056 - Summary

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

2019-A3056 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3056
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ,  SOLAGES,  WILLIAMS, JEAN-PIERRE,
   D'URSO,  HYNDMAN,  ARROYO,  RAMOS,  THIELE,  COOK,  CRESPO,  PICHARDO,
   RIVERA,  EPSTEIN,  MOSLEY, CROUCH, RA -- 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.
   § 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.

co-Sponsors

multi-Sponsors

2019-A3056A - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: A1745, S818
2023-2024: A3744, S4054

2019-A3056A - Summary

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

2019-A3056A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3056--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ,  SOLAGES,  WILLIAMS, JEAN-PIERRE,
   D'URSO,  HYNDMAN,  ARROYO,  RAMOS,  THIELE,  COOK,  CRESPO,  PICHARDO,
   RIVERA,  EPSTEIN, MOSLEY, CROUCH, RA, REYES, SIMON, GRIFFIN, ABINANTI,
   BLAKE -- Multi-Sponsored by -- M. of A. DE LA ROSA --  read  once  and
   referred  to  the  Committee  on  Codes  -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03980-03-9

co-Sponsors

multi-Sponsors

2019-A3056B (ACTIVE) - Details

See Senate Version of this Bill:
S4076
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §47, Cor L; add §§125.08 & 125.09, Pen L
Versions Introduced in Other Legislative Sessions:
2017-2018: A11378
2021-2022: A1745, S818
2023-2024: A3744, S4054

2019-A3056B (ACTIVE) - Summary

Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.

2019-A3056B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3056--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ,  SOLAGES,  WILLIAMS, JEAN-PIERRE,
   D'URSO,  HYNDMAN,  ARROYO,  RAMOS,  THIELE,  COOK,  CRESPO,  PICHARDO,
   RIVERA,  EPSTEIN, MOSLEY, CROUCH, RA, REYES, SIMON, GRIFFIN, ABINANTI,
   BLAKE, PRETLOW, O'DONNELL, HEVESI, PERRY, SCHIMMINGER  --  Multi-Spon-
   sored  by  --  M.  of  A.  DE LA ROSA -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as  amended  and  recommitted  to  said  committee -- again
   reported from said committee with  amendments,  ordered  reprinted  as
   amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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