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Bill > S04076


NY S04076

NY S04076
Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.


summary

Introduced
02/27/2019
In Committee
01/08/2020
Crossed Over
Passed
Dead
12/31/2020

Introduced Session

2019-2020 General Assembly

Bill Summary

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: 1

AI Summary

This bill amends the Correction Law and Penal Law to impose criminal liability on police officers, peace officers, correction officers, or other employees of correctional facilities who fail to make a good faith effort to obtain immediate medical care for a person in their custody displaying medical distress. The bill requires the state's Correction Board to investigate all such alleged failures and refer cases to prosecutors if they find the officer or employee did not provide reasonable medical care. It also creates two new criminal offenses: "Criminally Negligent Failure to Obtain Medical Care Resulting in Injury" and "Criminally Negligent Failure to Obtain Medical Care Resulting in Death," both class E felonies. The bill is named the "Andrew Kearse Act" and is aimed at holding officers accountable for not providing necessary medical attention to people in their custody.

Committee Categories

Justice

Sponsors (11)

Last Action

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION (on 01/08/2020)

bill text


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