Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.
STATE OF NEW YORK
2019-2020 Regular Sessions
June 7, 2019
Introduced by M. of A. FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR,
RICHARDSON, JEAN-PIERRE, HYNDMAN, BLAKE, O'DONNELL, PERRY, HEVESI,
SIMOTAS, AUBRY, JAFFEE, CRUZ, RIVERA, WALKER, FALL, D'URSO, SAYEGH,
NIOU, DE LA ROSA, ORTIZ, L. ROSENTHAL, HUNTER, GANTT, MOSLEY,
BICHOTTE, CARROLL, JOYNER, GLICK, LIFTON, VANEL -- Multi-Sponsored by
-- M. of A. BARRON -- read once and referred to the Committee on Codes
-- reported and referred to the Committee on Rules -- Rules Committee
discharged, bill amended, ordered reprinted as amended and recommitted
to the Committee on Rules -- recommitted to the Committee on Codes in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the civil rights law, in relation to medical attention
for persons under arrest
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil rights law is amended by adding a new section 28
2 to read as follows:
3 § 28. Medical attention for persons under arrest. When a person is
4 under arrest or otherwise in the custody of a police officer, peace
5 officer or other law enforcement representative or entity, such officer,
6 representative or entity shall have a duty to provide attention to the
7 medical and mental health needs of such person, and obtain assistance
8 and treatment of such needs for such person, which are reasonable and
9 provided in good faith under the circumstances. Any person who has not
10 received such reasonable and good faith attention, assistance or treat-
11 ment and who, as a result, suffers serious physical injury or signif-
12 icant exacerbation of an injury or condition shall have a cause of
13 action against such officer, representative, and/or entity. In any such
14 civil action, the court, in addition to awarding actual damages and
15 costs, may award reasonable attorneys' fees to a successful plaintiff.
16 The provisions of this section are in addition to, but shall not super-
17 sede, any other rights or remedies available in law or equity.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.