Assembly Bill A8226A

Signed By Governor
2019-2020 Legislative Session

Relates to medical attention for persons under arrest

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S6601 - Signed by Governor

  • 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

2019-A8226 - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-A8226 - Summary

Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.

2019-A8226 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8226
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ  --  read once and referred to the
   Committee on Codes
 
 AN ACT to amend the civil rights law, in relation to  medical  attention
   for persons under arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil rights law is amended by adding a new section  28
 to read as follows:
   §  28.  MEDICAL  ATTENTION  FOR PERSONS UNDER ARREST. WHEN A PERSON IS
 UNDER ARREST OR OTHERWISE IN THE CUSTODY  OF  A  POLICE  OFFICER,  PEACE
 OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER,
 REPRESENTATIVE  OR  ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE
 MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON,  AND  OBTAIN  ASSISTANCE
 AND  TREATMENT  OF  SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND
 PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO  HAS  NOT
 RECEIVED  SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT-
 MENT AND WHO, AS A RESULT, SUFFERS INJURY OR SIGNIFICANT EXACERBATION OF
 AN INJURY OR CONDITION SHALL HAVE A CAUSE OF ACTION AGAINST  SUCH  OFFI-
 CER, REPRESENTATIVE, AND/OR ENTITY. IN ANY SUCH CIVIL ACTION, THE COURT,
 IN ADDITION TO AWARDING MONETARY DAMAGES AND COSTS, MAY AWARD REASONABLE
 ATTORNEYS' FEES TO A SUCCESSFUL PLAINTIFF.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-01-9

co-Sponsors

multi-Sponsors

2019-A8226A - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-A8226A - Summary

Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.

2019-A8226A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8226--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR,
   RICHARDSON, JEAN-PIERRE, HYNDMAN,  BLAKE,  O'DONNELL,  PERRY,  HEVESI,
   SIMOTAS, AUBRY, JAFFEE, CRUZ, RIVERA, WALKER -- read once and referred
   to the Committee on Codes -- reported and referred to the Committee on
   Rules  --  Rules Committee discharged, bill amended, ordered reprinted
   as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the civil rights law, in relation to  medical  attention
   for persons under arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new section  28
 to read as follows:
   §  28.  MEDICAL  ATTENTION  FOR PERSONS UNDER ARREST. WHEN A PERSON IS
 UNDER ARREST OR OTHERWISE IN THE CUSTODY  OF  A  POLICE  OFFICER,  PEACE
 OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER,
 REPRESENTATIVE  OR  ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE
 MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON,  AND  OBTAIN  ASSISTANCE
 AND  TREATMENT  OF  SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND
 PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO  HAS  NOT
 RECEIVED  SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT-
 MENT AND WHO, AS A RESULT, SUFFERS INJURY OR SIGNIFICANT EXACERBATION OF
 AN INJURY OR CONDITION SHALL HAVE A CAUSE OF ACTION AGAINST  SUCH  OFFI-
 CER, REPRESENTATIVE, AND/OR ENTITY. IN ANY SUCH CIVIL ACTION, THE COURT,
 IN  ADDITION  TO AWARDING ACTUAL DAMAGES AND COSTS, MAY AWARD REASONABLE
 ATTORNEYS' FEES TO  A  SUCCESSFUL  PLAINTIFF.  THE  PROVISIONS  OF  THIS
 SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPERSEDE, ANY OTHER RIGHTS OR
 REMEDIES AVAILABLE IN LAW OR EQUITY.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13190-02-9

co-Sponsors

multi-Sponsors

2019-A8226B (ACTIVE) - Details

Law Section:
Civil Rights Law
Laws Affected:
Add §28, Civ Rts L

2019-A8226B (ACTIVE) - Summary

Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.

2019-A8226B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8226--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 7, 2019
                                ___________
 
 Introduced  by  M.  of  A.  FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR,
   RICHARDSON, JEAN-PIERRE, HYNDMAN,  BLAKE,  O'DONNELL,  PERRY,  HEVESI,
   SIMOTAS,  AUBRY,  JAFFEE,  CRUZ, RIVERA, WALKER, FALL, D'URSO, SAYEGH,
   NIOU,  DE LA ROSA,  ORTIZ,  L. ROSENTHAL,   HUNTER,   GANTT,   MOSLEY,
   BICHOTTE,  CARROLL, JOYNER, GLICK, LIFTON, VANEL -- Multi-Sponsored by
   -- M. of A. BARRON -- read once and referred to the Committee on Codes
   -- reported and referred to the Committee on Rules -- Rules  Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  the Committee on Rules -- recommitted to the Committee on Codes in
   accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the civil rights law, in relation to  medical  attention
   for persons under arrest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by adding a new section  28
 to read as follows:
   §  28.  MEDICAL  ATTENTION  FOR PERSONS UNDER ARREST. WHEN A PERSON IS
 UNDER ARREST OR OTHERWISE IN THE CUSTODY  OF  A  POLICE  OFFICER,  PEACE
 OFFICER OR OTHER LAW ENFORCEMENT REPRESENTATIVE OR ENTITY, SUCH OFFICER,
 REPRESENTATIVE  OR  ENTITY SHALL HAVE A DUTY TO PROVIDE ATTENTION TO THE
 MEDICAL AND MENTAL HEALTH NEEDS OF SUCH PERSON,  AND  OBTAIN  ASSISTANCE
 AND  TREATMENT  OF  SUCH NEEDS FOR SUCH PERSON, WHICH ARE REASONABLE AND
 PROVIDED IN GOOD FAITH UNDER THE CIRCUMSTANCES. ANY PERSON WHO  HAS  NOT
 RECEIVED  SUCH REASONABLE AND GOOD FAITH ATTENTION, ASSISTANCE OR TREAT-
 MENT AND WHO, AS A RESULT, SUFFERS SERIOUS PHYSICAL  INJURY  OR  SIGNIF-
 ICANT  EXACERBATION  OF  AN  INJURY  OR  CONDITION SHALL HAVE A CAUSE OF
 ACTION AGAINST SUCH OFFICER, REPRESENTATIVE, AND/OR ENTITY. IN ANY  SUCH
 CIVIL  ACTION,  THE  COURT,  IN  ADDITION TO AWARDING ACTUAL DAMAGES AND
 COSTS, MAY AWARD REASONABLE ATTORNEYS' FEES TO A  SUCCESSFUL  PLAINTIFF.
 THE  PROVISIONS OF THIS SECTION ARE IN ADDITION TO, BUT SHALL NOT SUPER-
 SEDE, ANY OTHER RIGHTS OR REMEDIES AVAILABLE IN LAW OR EQUITY.
   § 2. This act shall take effect immediately.

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