NY State Senate Bill 2019-S4076B

Senate Bill S4076B

2019-2020 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to crime victims, crime and correction
Sep 11, 2019	print number 4076b
Sep 11, 2019	amend and recommit to crime victims, crime and correction
Apr 11, 2019	print number 4076a
Apr 11, 2019	amend and recommit to crime victims, crime and correction
Feb 27, 2019	referred to crime victims, crime and correction

Bill Amendments

Original

B (Active)

2019-S4076 - Details

See Assembly Version of this Bill:: A3056
Current Committee:: Senate Crime Victims, Crime And Correction
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: S818, A1745
2023-2024: S4054, A3744

2019-S4076 - Summary

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

2019-S4076 - Sponsor Memo

                                
 
BILL NUMBER: S4076

SPONSOR: BIAGGI
 
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 OF BILL:

The act amends the correction law and the penal law, mandating correc-
tional facilities and police/peace officers must provide adequate
medical attention to inmates showing medical distress. The amendment
also imposes criminal liability for the failure to obtain medical care
for a person in custody displaying medical distress.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: This act shall be known and may be cited as the "Andrew
Kearse act".

Section 2: Paragraph (e) of subdivision 1 of section 47 of the

correction law is amended so that all correctional facilities, police
officer, and peace officer must provide inmates who show medical
distress proper medical care. Training must be held at correctional
facilities and law enforcement agencies to handle medical distress.  Any
officers who do not do so will be prosecuted as defined in section 3, a
new section 195.01 in penal law.

Section 3:The penal law is amended by adding a new section 125.08 and
125.09 so that any officer who does not provide medical attention to
anyone in custody who show medical distress, as defined, - who then
suffers from an injury or death - will be prosecuted as detailed.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

Andrew Kearse, on May 11th 2017, was arrested by local officials in
Schenectady, New York. In the squad car, he asked for medical attention,
citing dizziness and breathing problems. The officers did not provide
medical attention, and when only later did they see that he was unre-
sponsive. Mr. Kearse died later that day in the hospital.  Despite know-
ing that the man in custody was in visible distress, the officers did
not help him. Mr. Kearse left behind 9 children. It is this negligence
and refusal to help someone in custody that must be addressed. A pair of
handcuffs is no reason for someone to die. This act will provide conse-
quences for said negligence of any officers that leads to the death or
injury of an inmate or person in custody.

 
LEGISLATIVE HISTORY:

A11378A of 2018 amend and recommit to codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be decided

 
EFFECTIVE DATE:
Immediately

2019-S4076 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4076
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- 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 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.
                                                            LBD03980-02-9

 S. 4076                             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 INMATE, 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 FAIL-
 URE TO OBTAIN MEDICAL CARE.
   CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN INJU-
 RY IS A CLASS E VIOLENT 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 INMATE, 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 B VIOLENT FELONY.
   § 4. This act shall take effect immediately.

2019-S4076A - Details

See Assembly Version of this Bill:: A3056
Current Committee:: Senate Crime Victims, Crime And Correction
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: S818, A1745
2023-2024: S4054, A3744

2019-S4076A - Summary

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

2019-S4076A - Sponsor Memo

                                
 
BILL NUMBER: S4076A

SPONSOR: BIAGGI
 
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:

The act amends the correction law and the penal law, mandating correc-
tional facilities and police/peace officers must provide adequate
medical attention to inmates showing medical distress. The amendment
also imposes criminal liability for the failure to obtain medical care
for a person in custody displaying medical distress.

 
SUMMARY OF PROVISIONS:

Section 1: This act shall be known and may be cited as the "Andrew
Kearse act".

Section 2: Paragraph (e) of subdivision 1 of section 47 of the

correction law is amended so that all correctional facilities, police
officer, and peace officer must provide inmates who show medical
distress proper medical care. Training must be held at correctional
facilities and law enforcement agencies to handle medical distress.  Any
officers who do not do so will be prosecuted as defined in section 3, a
new section 195.01 in penal law.

Section 3:The penal law is amended by adding a new section 125.08 and
125.09 so that any officer who does not provide medical attention to
anyone in custody who show medical distress, as defined, - who then
suffers from an injury or death - will be prosecuted as detailed.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION:

Andrew Kearse, on May 11th 2017, was arrested by local officials in
Schenectady, New York. In the squad car, he asked for medical attention,
citing dizziness and breathing problems. The officers did not provide
medical attention, and when only later did they see that he was unre-
sponsive. Mr. Kearse died later that day in the hospital.

Despite knowing that the man in custody was in visible distress, the
officers did not help him. Mr. Kearse left behind 9 children. It is this
negligence and refusal to help someone in custody that must be
addressed. A pair of handcuffs is no reason for someone to die.  This
act will provide consequences for said negligence of any officers that
leads to the death or injury of an inmate or person in custody.

 
LEGISLATIVE HISTORY:

A11378A of 2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be decided

 
EFFECTIVE DATE:
Immediately

2019-S4076A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4076--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, 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
 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.

                                                            LBD03980-04-9

 S. 4076--A                          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 INMATE, 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 FAIL-
 URE TO OBTAIN MEDICAL CARE.
   CRIMINALLY NEGLIGENT FAILURE TO OBTAIN MEDICAL CARE RESULTING IN INJU-
 RY IS A CLASS A MISDEMEANOR.
 § 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 INMATE, 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 A MISDEMEANOR.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2019-S4076B (ACTIVE) - Details

See Assembly Version of this Bill:: A3056
Current Committee:: Senate Crime Victims, Crime And Correction
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: S818, A1745
2023-2024: S4054, A3744

2019-S4076B (ACTIVE) - Summary

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

2019-S4076B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4076B

SPONSOR: BIAGGI
 
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::

The act amends the correction law and the penal law, mandating correc-
tional facilities and police/peace officers must provide adequate
medical attention to inmates showing medical distress. The amendment
also imposes criminal liability for the failure to obtain medical care
for a person in custody displaying medical distress.

 
SUMMARY OF PROVISIONS::

Section 1: This act shall be known and may be cited as the "Andrew
Kearse act".

Section 2: Paragraph (e) of subdivision 1 of section 47 of the

correction law is amended so that all correctional facilities, police
officer, and peace officer must provide inmates who show medical
distress proper medical care. Training must be held at correctional
facilities and law enforcement agencies to handle medical distress.  Any
officers who do not do so will be prosecuted as defined in section 3, a
new section 195.01 in penal law.

Section 3: The penal law is amended by adding a new section 125.08 and
125.09 so that any officer who does not provide medical attention to
anyone in custody who show medical distress, as defined, - who then
suffers from an injury or death - will be prosecuted as detailed.

Section 4: This act shall take effect immediately.

 
JUSTIFICATION::

Andrew Kearse, on May 11th 2017, was arrested by local officials in
Schenectady, New York. In the squad car, he asked for medical attention,
citing dizziness and breathing problems. The officers did not provide
medical attention, and when only later did they see that he was unre-
sponsive. Mr. Kearse died later that day in the hospital.

Despite knowing that the man in custody was in visible distress, the
officers did not help him. Mr. Kearse left behind 9 children. It is this
negligence and refusal to help someone in custody that must be
addressed. A pair of handcuffs is no reason for someone to die.  This
act will provide consequences for said negligence of any officers that
leads to the death or injury of an inmate or person in custody.

 
LEGISLATIVE HISTORY::

A11378A of 2018

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

To be decided

 
EFFECTIVE DATE::
Immediately

2019-S4076B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4076--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03980-06-9

 S. 4076--B                          2
 
   §  3.  The  penal law is amended by adding two new sections 125.08 and
 125.09 to read as follows:
 § 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 INMATE, 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  FAIL-
 URE 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 INMATE, 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.

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Senate Bill S4076B

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Sponsored By

Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Bill Amendments

2019-S4076 - Details

2019-S4076 - Summary

2019-S4076 - Sponsor Memo

2019-S4076 - Bill Text download pdf

2019-S4076A - Details

2019-S4076A - Summary

2019-S4076A - Sponsor Memo

2019-S4076A - Bill Text download pdf

co-Sponsors

2019-S4076B (ACTIVE) - Details

2019-S4076B (ACTIVE) - Summary

2019-S4076B (ACTIVE) - Sponsor Memo

2019-S4076B (ACTIVE) - Bill Text download pdf

Comments