NY State Senate Bill 2023-S4054

Senate Bill S4054

2023-2024 Legislative Session

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

download bill text pdf

Current 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 03, 2024	referred to crime victims, crime and correction
Feb 02, 2023	referred to crime victims, crime and correction

2023-S4054 (ACTIVE) - Details

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:: 2019-2020: S4076
2021-2022: S818

2023-S4054 (ACTIVE) - Summary

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

2023-S4054 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4054

SPONSOR: FERNANDEZ
 
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:

Mandates that correctional facilities and police/peace officers must
provide adequate medical attention to incarcerated individuals showing
medical distress, and imposes criminal liability for the failure to
obtain medical care for a person in custody displaying medical distress.

 
SUMMARY OF PROVISIONS:

Section 1 states that this act shall be known as the 'Andrew Kearse Act'

Section 2 requires that all correctional facilities; police officers.
and peace officers must provide proper medical care to incarcerated

individuals showing medical distress and that trainings to handle
medical distress must be held at correctional facilities and law
enforcement agencies

Section 3 states that any officer who does not provide medical attention
to someone in custody who shows medical distress and then suffers from
an injury or death wit be prosecuted.

Section 4 states the effective date.

 
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 old not provide
medical attention: and only later did they see that he was unresponsive.
Mr Kearse died later that day in the hospital.

Despte 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
This act will prov$de consequences for said negligence of any officers
that leads to the death or injury of an incarcerated person or a person
in custody.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S818 / A1745

2019-20: S4076 / A3056

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4054 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4054
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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 INCARCERATED  INDIVIDUAL  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 INCARCERATED INDIVIDUAL 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  INCARCERATED  INDIVIDUAL  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.
                                                            LBD06181-02-3

 S. 4054                             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  INCARCERATED  INDIVIDUAL,  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 FAILURE 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  INCARCERATED  INDIVIDUAL,  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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