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Bill > S00818


NY S00818

NY S00818
Imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.


summary

Introduced
01/06/2021
In Committee
01/05/2022
Crossed Over
Passed
Dead
12/31/2022

Introduced Session

2021-2022 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

AI Summary

This bill, known as the "Andrew Kearse Act," amends the Correction Law and Penal Law to impose criminal liability on police officers, peace officers, and correction officers who fail to make a good faith effort to obtain medical care for a person in their custody displaying medical distress, such as breathing difficulties, migraines, or muscle pains. The bill requires the Board of Correction to investigate all alleged failures to provide medical care and refer cases to prosecutors for potential prosecution under the new Penal Law sections 125.08 (criminally negligent failure to obtain medical care resulting in injury) and 125.09 (criminally negligent failure to obtain medical care resulting in death), both of which are class E felonies.

Committee Categories

Justice

Sponsors (13)

Last Action

REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION (on 01/05/2022)

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