NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3056B
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:
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. Amendments: The
legislation has been amended to state that criminally negligent failure
to obtain medical care resulting in injury or death is a class E felony.
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
STATE OF NEW YORK
________________________________________________________________________
3056--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. FERNANDEZ, SOLAGES, WILLIAMS, JEAN-PIERRE,
D'URSO, HYNDMAN, ARROYO, RAMOS, THIELE, COOK, CRESPO, PICHARDO,
RIVERA, EPSTEIN, MOSLEY, CROUCH, RA, REYES, SIMON, GRIFFIN, ABINANTI,
BLAKE, PRETLOW, O'DONNELL, HEVESI, PERRY, SCHIMMINGER -- Multi-Spon-
sored by -- M. of A. DE LA ROSA -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, 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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Andrew Kearse act".
3 § 2. Paragraph (e) of subdivision 1 of section 47 of the correction
4 law is amended by adding a new subparagraph (iii) to read as follows:
5 (iii) The board shall require any police officer, peace officer,
6 correction officer or other employee of a correctional facility to
7 provide immediate medical attention when an inmate or person in custody
8 displays medical distress. The board shall require state and local
9 correctional facilities and law enforcement agencies to conduct training
10 on assisting a person displaying medical distress. The board shall
11 investigate all alleged failures of any police officer, peace officer,
12 correction officer or other employee of a correctional facility to
13 provide medical care to an inmate or person in custody displaying
14 medical distress or a need for immediate medical care. If the board
15 discovers any police officer, peace officer, correction officer, or
16 other employee of a correctional facility failed to make reasonable
17 effort to provide medical care or denies access to care to an inmate or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03980-05-9
A. 3056--B 2
1 person in custody displaying medical distress or a need for immediate
2 medical care, the board shall refer such case to prosecutors as a
3 violation of section 125.09 of the penal law.
4 § 3. The penal law is amended by adding two new sections 125.08 and
5 125.09 to read as follows:
6 § 125.08 Criminally negligent failure to obtain medical care resulting
7 in injury.
8 A person is guilty of criminally negligent failure to obtain medical
9 care resulting in injury when such person, acting as a police officer,
10 peace officer or correction officer: (a) with criminal negligence, fails
11 to make a good faith effort to obtain medical care for any person in
12 custody, including an inmate, displaying medical distress, including but
13 not limited to breathing difficulties, migraines and muscle pains, or a
14 need for immediate medical care in the presence of such officer; and (b)
15 such person in custody suffers from an injury resulting from such fail-
16 ure to obtain medical care.
17 Criminally negligent failure to obtain medical care resulting in inju-
18 ry is a class E felony.
19 § 125.09 Criminally negligent failure to obtain medical care resulting
20 in death.
21 A person is guilty of criminally negligent failure to obtain medical
22 care resulting in death when such person, acting as a police officer,
23 peace officer or correction officer: (a) with criminal negligence, fails
24 to make a good faith effort to obtain medical care for any person in
25 custody, including an inmate, displaying medical distress, including but
26 not limited to breathing difficulties, migraines and muscle pains, or a
27 need for immediate medical care in the presence of such officer; and (b)
28 such person in custody dies as a result of such failure to obtain
29 medical care.
30 Criminally negligent failure to obtain medical care resulting in death
31 is a class E felony.
32 § 4. This act shall take effect immediately.
