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S08848 Summary:

BILL NOS08848
 
SAME ASSAME AS A08984
 
SPONSORLIU
 
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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S08848 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8848
 
                    IN SENATE
 
                                     January 9, 2026
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed 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.
    26    § 3. The judiciary law is amended by adding a  new  section  460-a  to
    27  read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13598-03-5

        S. 8848                             2
 
     1    §  460-a. Special arrangements due to emergency. 1. The state board of
     2  law examiners shall provide protocols for:
     3    (a)  addressing  emergencies that occur immediately prior to or during
     4  the administration of the bar examination, including during any routine-
     5  ly scheduled lunch breaks; and
     6    (b) providing testing accommodations for persons who have applied  for
     7  examination  for admission to practice as an attorney and counsellor-at-
     8  law and who are the subject of, are witness to or are  affected  by  the
     9  emergency or emergencies.
    10    2. As used in this section, "emergency" includes:
    11    (a)  the medical emergency of a person who has applied for examination
    12  for admission to practice as an attorney and counsellor-at-law;
    13    (b) a criminal incident that directly and materially affects an  exam-
    14  ination location or the administration of the examination; and
    15    (c) any natural or man-made disaster as contemplated by section twenty
    16  of the executive law that directly and materially affects an examination
    17  location or the administration of the examination.
    18    3. The protocols required by this section shall include procedures to:
    19    (a)(i)  immediately seek medical assistance for any person who suffers
    20  illness or a physical injury as a result of the emergency;
    21    (ii) allow for the use of cell phones by examination  proctors  to  be
    22  used for the purpose of summoning emergency assistance; and
    23    (iii)  mandate  an  immediate  pause  of the examination timer when an
    24  emergency is reported or observed, without  delay,  to  uphold  examinee
    25  welfare and preserve the integrity of the testing process;
    26    (b)  ensure  the  prompt  reporting of the incident, and to the extent
    27  possible, the safety of persons present in the location of the  emergen-
    28  cy; and
    29    (c)  provide testing accommodations for persons taking the examination
    30  in the same location who were affected by the occurrence of the emergen-
    31  cy, including:
    32    (i) providing additional time to complete the portion of the  examina-
    33  tion during which the emergency occurred to compensate for any time lost
    34  as a result of the emergency or a response to the emergency;
    35    (ii)  allowing  credit  for  those  portions  of  the  exam  that were
    36  completed prior to the occurrence of the emergency; and
    37    (iii) allowing affected persons  to  re-take  the  examination,  or  a
    38  portion  thereof,  at  no  additional fee and without penalty within six
    39  months from original exam date.
    40    4. (a) Any person provided a testing accommodation under paragraph (c)
    41  of subdivision three of this section shall be required to provide  proof
    42  of  attendance  at the examination at the location where and on the date
    43  when the emergency occurred.
    44    (b) If a person elects to complete the examination on the date of  the
    45  emergency,  a testing accommodation shall be allowed under paragraph (c)
    46  of subdivision three of this section only in the event that  the  person
    47  fails  the  examination due to such person's score on the portion of the
    48  examination during which the emergency occurred or a subsequent  portion
    49  of the examination completed on the same date.
    50    (c)  No  person  shall  be allowed more than one testing accommodation
    51  under this section.
    52    5. The retaking of an examination or any portion thereof  pursuant  to
    53  this  section  shall  not  be  deemed  to  constitute an examination for
    54  purposes of the limit specified under section 6000.4(c) of the rules  of
    55  the state board of law examiners.

        S. 8848                             3
 
     1    6.  The  state board of law examiners shall render an annual report on
     2  the number of law examinees receiving testing accommodations pursuant to
     3  this section, if any, and the types of testing accommodations provided.
     4    §  4.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law; and shall apply to New York  State  bar  examinations
     6  administered  on  and  after such effective date. Effective immediately,
     7  the addition, amendment and/or repeal of any rule or  regulation  neces-
     8  sary  for  the  implementation  of  this  act  on its effective date are
     9  authorized to be made and completed on or before such effective date.
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