Establishes the Terry Cooper autopsy accountability act requiring autopsy reports to include all photographs of the body, microscopic slides, and post-mortem x-rays taken by, at the direction of, or reviewed by the person performing the autopsy.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5424A
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the county law, in relation to requiring autopsy reports
to include photographs, microscopic slides, and post-mortem x-rays taken
by, at the direction of, or reviewed by the person performing the autop-
sy
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to expand the requirements for what is
included in an autopsy report.
SUMMARY OF PROVISIONS:
Section 1 establishes this act to be known as the "Terry Cooper Autopsy
Accountability Act."
Section 2 amends County Law section 674(5) to clarify that an autopsy
report for an incarcerated individual shall include photographs, micro-
scopic slides, and post-mortem x-rays taken by, at the direction of, or
reviewed by the person performing the autopsy.
Section 3 amends County Law section 677(6) to clarify that an autopsy
report for an incarcerated individual shall include photographs, micro-
scopic slides, and post-mortem x-rays taken by, at the direction of, or
reviewed by the person performing the autopsy.
Section 4 establishes that this act shall take effect on the ninetieth
day after it shall become law and shall apply to all autopsies conducted
on or after such date.
JUSTIFICATION:
On May 19, 2016, Terry Cooper, who had just turned 25 years old, was
brutally assaulted by NYS DOCCS Correction Officers at Clinton Correc-
tional Facility and died that day because of the assault. Mr. Cooper
weighed approximately 115 pounds and was approximately 5'5" tall, was
the father of a young child, and was known to suffer from severe asthma.
The assault included the use of batons to beat Mr. Cooper. Mr. Cooper
died as result of this beating. During the beating, Mr. Cooper said that
he could not breathe and that he needed his asthma pump and was taken to
the infirmary where he was unable to be revived.
His official cause of death was determined to be "cardio-respiratory
arrest consistent with acute exacerbation of chronic asthma." The autop-
sy report provided to the State Commission of Corrections Correction
Medical Review Board did not include photographs that had been taken of
Mr. Cooper after he passed away, which clearly demonstrated he had been
beaten by batons. This omission, which was in accord with existing law,
made it impossible for the SCOC Correction Medical Review Board to prop-
erly fulfill its oversight mission and responsibility to evaluate the
cause of death of anyone who dies in custody in NYS and to make recom-
mendations to prevent the recurrence of such deaths.
This bill ensures that the proper documentation, including photographs,
is included in autopsy reports provided to DOCCS and the SCOC Correction
Medical Review Board to both monitor and reflect on how deaths can be
prevented, to hold Correction. Officers accountable when the autopsy
reports indicate excessive force, and to prevent further similar trage-
dies.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to all autopsies conducted on or after such
date.
