NY State Senate Bill 2021-S818

Senate Bill S818

2021-2022 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 05, 2022	referred to crime victims, crime and correction
Jan 06, 2021	referred to crime victims, crime and correction

co-Sponsors

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2021-S818 (ACTIVE) - Details

See Assembly Version of this Bill:: A1745
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
2019-2020: S4076, A3056
2023-2024: S4054, A3744

2021-S818 (ACTIVE) - Summary

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

2021-S818 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S818

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:

2019-2020: A3056B/S4076B - Died in Codes/Died in Crime Victims, Crime
and Corrections
2018: A11378A - Died in Codes

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.

 
EFFECTIVE DATE:
Immediately.

2021-S818 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    818
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, COMRIE, GOUNARDES, HOYLMAN, JACKSON, KRUEG-
   ER, LIU, MYRIE, RAMOS, RIVERA,  SALAZAR  --  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02888-01-1

 S. 818                              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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