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
________________________________________________________________________
6601--B
2019-2020 Regular Sessions
IN SENATE
June 18, 2019
___________
Introduced by Sens. BAILEY, JACKSON, LIU, SALAZAR -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Codes in accordance with Senate Rule 6, sec. 8 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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.
LBD13190-09-0
