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A08984 Summary:

BILL NOA08984
 
SAME ASNo Same As
 
SPONSORBichotte Hermelyn
 
COSPNSR
 
MLTSPNSR
 
Add §460-a, Judy L
 
Requires the state board of law examiners to establish protocols for addressing emergencies that occur during the administration of the bar examination, and to provide testing accommodations for persons who have applied for examination for admission to practice and are the subject of, or a witness to, or are affected by the emergency.
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A08984 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8984
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 13, 2025
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to  enacting  the  "Clock
          Should Stop Act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may  be  cited  as  the  "Clock
     2  Should Stop Act".
     3    §  2.  Legislative  intent. On Wednesday, July 30, 2025, a young woman
     4  taking the New York State bar exam at a location at  Hofstra  University
     5  suddenly  suffered an apparent heart attack shortly before the scheduled
     6  lunch break. The woman  collapsed  onto  the  floor,  suffered  impaired
     7  breathing, and turned blue.  Emergency help was summoned and subsequent-
     8  ly,  Hofstra  Public Safety officers provided life-saving emergency care
     9  to the woman, including CPR and defibrillation, until paramedics arrived
    10  and transported the woman to a nearby hospital.  It  has  been  reported
    11  that there was a delay in seeking assistance for the young woman.
    12    Multiple  other  bar  examination takers were present during the inci-
    13  dent.  Despite the occurrence of this  medical  emergency,  the  morning
    14  session  of  the  bar  examination  was  not halted. The examination was
    15  allowed to continue to the conclusion of the morning session,  at  which
    16  time  the other examination-takers were allowed to leave the room. These
    17  same individuals were required to return to the scene of  the  emergency
    18  an hour later and complete the afternoon session of the examination.
    19    The  legislature  finds that there is a need to establish protocols to
    20  address medical or other emergencies  that  occur  during  the  adminis-
    21  tration  of  the  New York State bar examination. These protocols should
    22  address measures taken to render assistance to an injured or ill person,
    23  and address other conditions of the emergency, as well  as  measures  to
    24  provide  testing  accommodations to other examination-takers affected by
    25  the emergency.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13598-03-5

        A. 8984                             2
 
     1    § 3. The judiciary law is amended by adding a  new  section  460-a  to
     2  read as follows:
     3    §  460-a. Special arrangements due to emergency. 1. The state board of
     4  law examiners shall provide protocols for:
     5    (a) addressing emergencies that occur immediately prior to  or  during
     6  the administration of the bar examination, including during any routine-
     7  ly scheduled lunch breaks; and
     8    (b)  providing testing accommodations for persons who have applied for
     9  examination for admission to practice as an attorney and  counsellor-at-
    10  law  and  who  are the subject of, are witness to or are affected by the
    11  emergency or emergencies.
    12    2. As used in this section, "emergency" includes:
    13    (a) the medical emergency of a person who has applied for  examination
    14  for admission to practice as an attorney and counsellor-at-law;
    15    (b)  a criminal incident that directly and materially affects an exam-
    16  ination location or the administration of the examination; and
    17    (c) any natural or man-made disaster as contemplated by section twenty
    18  of the executive law that directly and materially affects an examination
    19  location or the administration of the examination.
    20    3. The protocols required by this section shall include procedures to:
    21    (a)(i) immediately seek medical assistance for any person who  suffers
    22  illness or a physical injury as a result of the emergency;
    23    (ii)  allow  for  the use of cell phones by examination proctors to be
    24  used for the purpose of summoning emergency assistance; and
    25    (iii) mandate an immediate pause of  the  examination  timer  when  an
    26  emergency  is  reported  or  observed, without delay, to uphold examinee
    27  welfare and preserve the integrity of the testing process;
    28    (b) ensure the prompt reporting of the incident,  and  to  the  extent
    29  possible,  the safety of persons present in the location of the emergen-
    30  cy; and
    31    (c) provide testing accommodations for persons taking the  examination
    32  in the same location who were affected by the occurrence of the emergen-
    33  cy, including:
    34    (i)  providing additional time to complete the portion of the examina-
    35  tion during which the emergency occurred to compensate for any time lost
    36  as a result of the emergency or a response to the emergency;
    37    (ii) allowing  credit  for  those  portions  of  the  exam  that  were
    38  completed prior to the occurrence of the emergency; and
    39    (iii)  allowing  affected  persons  to  re-take  the examination, or a
    40  portion thereof, at no additional fee and  without  penalty  within  six
    41  months from original exam date.
    42    4. (a) Any person provided a testing accommodation under paragraph (c)
    43  of  subdivision three of this section shall be required to provide proof
    44  of attendance at the examination at the location where and on  the  date
    45  when the emergency occurred.
    46    (b)  If a person elects to complete the examination on the date of the
    47  emergency, a testing accommodation shall be allowed under paragraph  (c)
    48  of  subdivision  three of this section only in the event that the person
    49  fails the examination due to such person's score on the portion  of  the
    50  examination  during which the emergency occurred or a subsequent portion
    51  of the examination completed on the same date.
    52    (c) No person shall be allowed more  than  one  testing  accommodation
    53  under this section.
    54    5.  The  retaking of an examination or any portion thereof pursuant to
    55  this section shall not  be  deemed  to  constitute  an  examination  for

        A. 8984                             3
 
     1  purposes  of the limit specified under section 6000.4(c) of the rules of
     2  the state board of law examiners.
     3    6.  The  state board of law examiners shall render an annual report on
     4  the number of law examinees receiving testing accommodations pursuant to
     5  this section, if any, and the types of testing accommodations provided.
     6    § 4. This act shall take effect on the ninetieth day  after  it  shall
     7  have  become  a  law; and shall apply to New York State bar examinations
     8  administered on and after such effective  date.  Effective  immediately,
     9  the  addition,  amendment and/or repeal of any rule or regulation neces-
    10  sary for the implementation of  this  act  on  its  effective  date  are
    11  authorized to be made and completed on or before such effective date.
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