New York State Assembly

Bill No.:  

 
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A08226 Summary:

BILL NO	A08226B
SAME AS	SAME AS S06601-B
SPONSOR	Fernandez
COSPNSR	Heastie, Peoples-Stokes, Aubry, Reyes, Pichardo, Epstein, Taylor, Richardson, Jean-Pierre, Hyndman, Blake, O'Donnell, Perry, Hevesi, Simotas, Jaffee, Cruz, Rivera, Walker, Fall, D'Urso, Sayegh, Niou, De La Rosa, Ortiz, Rosenthal L, Hunter, Gantt, Mosley, Bichotte, Carroll, Joyner, Glick, Lifton, Vanel, Abinanti, Arroyo, Bronson, Crespo, DenDekker, Dinowitz, Fahy, Frontus, Gottfried, Jacobson, McDonald, Nolan, Otis, Pretlow, Quart, Ramos, Seawright, Simon, Steck, Thiele, Weinstein, Weprin, Wright, Rodriguez, Lupardo, Galef
MLTSPNSR	Barron
Add 28, Civ Rts L
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.

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A08226 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8226B
 
SPONSOR: Fernandez

 
TITLE OF BILL:
 
An act to amend the civil rights law, in relation to medical attention
for persons under arrest
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The act amends the Civil Rights Law by adding a new section. This legis-
lation affirms the duty of police officers, peace officers, and other
law enforcement representatives and entities to provide attention to
medical and mental health needs of persons in custody.
 
 
SUMMARY OF PROVISIONS:
 
Section 1: Amends the Civil Right Law by adding a new section. Section
2: Effective date.
 
 
JUSTIFICATION:
 
In recent years, in New York State and nationally, there have been many
disturbing reports and news accounts concerning individuals who have
come into law enforcement custody and been injured, been injured by law
enforcement incident to arrest, or become ill subsequent to their
arrest. In far too many of these cases, adequate medical assistance has
been denied to these individuals or been so delayed that individuals
have suffered needless pain and suffering. In the most egregious cases,
indifference or neglect of some persons' conditions have even led to
senseless deaths. By specifically mandating a duty of care, this bill
seeks to redress these wrongs and, in the future, prevent such persons
from having to endure the infliction of distress and harm.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
Undetermined
 
 
EFFECTIVE DATE:
Immediately

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