STATE OF NEW YORK
________________________________________________________________________
147
2023-2024 Regular Sessions
IN ASSEMBLY(Prefiled)
January 4, 2023
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Introduced by M. of A. PAULIN, COLTON, WEPRIN, DiPIETRO, McDONOUGH,
ZEBROWSKI -- Multi-Sponsored by -- M. of A. LUPARDO -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the general municipal law, in relation to optional disa-
bility coverage for county probation officers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 207-c of the general municipal
2 law, as amended by section 55 of chapter 476 of the laws of 2018, is
3 amended to read as follows:
4 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
5 the sheriff's department of any county or any member of a police force
6 of any county, city of less than one million population, town or
7 village, or of any district, agency, board, body or commission thereof,
8 or any LIRR police officer as defined in paragraph two of subdivision a
9 of section three hundred eighty-nine of the retirement and social secu-
10 rity law whose benefits are provided in and pursuant to such section
11 three hundred eighty-nine, or a detective-investigator or any other
12 investigator who is a police officer pursuant to the provisions of the
13 criminal procedure law employed in the office of a district attorney of
14 any county, or any corrections officer of the county of Erie department
15 of corrections, or an advanced ambulance medical technician employed by
16 the county of Nassau, or any detention officer employed by the city of
17 Yonkers, or any supervising fire inspector, fire inspector, fire
18 marshal, or assistant fire marshal employed full-time in the county of
19 Nassau fire marshal's office, or at the option of [the] any county [of
20 Nassau], any county probation officer [of the county of Nassau] who is
21 injured in the performance of his or her duties or who is taken sick as
22 a result of the performance of his or her duties so as to necessitate
23 medical or other lawful remedial treatment shall be paid by the munici-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00102-01-3
A. 147 2
1 pality or The Long Island Rail Road Company by which he or she is
2 employed the full amount of his or her regular salary or wages from such
3 employer until his or her disability arising therefrom has ceased, and,
4 in addition such municipality or The Long Island Rail Road Company shall
5 be liable for all medical treatment and hospital care necessitated by
6 reason of such injury or illness. Provided, however, and notwithstanding
7 the foregoing provisions of this section, the municipal or The Long
8 Island Rail Road Company health authorities or any physician appointed
9 for the purpose by the municipality or The Long Island Rail Road Compa-
10 ny, as relevant, after a determination has first been made that such
11 injury or sickness was incurred during, or resulted from, such perform-
12 ance of duty, may attend any such injured or sick police officer, from
13 time to time, for the purpose of providing medical, surgical or other
14 treatment, or for making inspections, and the municipality or The Long
15 Island Rail Road Company, as the case may be, shall not be liable for
16 salary or wages payable to such police officer, or for the cost of
17 medical treatment or hospital care furnished after such date as such
18 health authorities or physician shall certify that such injured or sick
19 police officer has recovered and is physically able to perform his or
20 her regular duties. Any injured or sick police officer who shall refuse
21 to accept medical treatment or hospital care or shall refuse to permit
22 medical inspections as herein authorized, including examinations pursu-
23 ant to subdivision two of this section, shall be deemed to have waived
24 his or her rights under this section in respect to expenses for medical
25 treatment or hospital care rendered and for salary or wages payable
26 after such refusal.
27 Notwithstanding any provision of law to the contrary, a provider of
28 medical treatment or hospital care furnished pursuant to the provisions
29 of this section shall not collect or attempt to collect reimbursement
30 for such treatment or care from any such police officer, any such
31 advanced ambulance medical technician or any such detention officer.
32 § 2. Subdivision 1 of section 207-c of the general municipal law, as
33 amended by section 56 of chapter 476 of the laws of 2018, is amended to
34 read as follows:
35 1. Any sheriff, undersheriff, deputy sheriff or corrections officer of
36 the sheriff's department of any county (hereinafter referred to as a
37 "police officer") or any member of a police force of any county, city of
38 less than one million population, town or village, or of any district,
39 agency, board, body or commission thereof, or a detective-investigator
40 or any other investigator who is a police officer pursuant to the
41 provisions of the criminal procedure law employed in the office of a
42 district attorney of any county, or any corrections officer of the coun-
43 ty of Erie department of corrections, or an advanced ambulance medical
44 technician employed by the county of Nassau, or any detention officer
45 employed by the city of Yonkers, or any supervising fire inspector, fire
46 inspector, fire marshal or assistant fire marshal employed full-time in
47 the county of Nassau fire marshal's office, or at the option of [the]
48 any county [of Nassau], any county probation officer [of the county of
49 Nassau] who is injured in the performance of his or her duties or who is
50 taken sick as a result of the performance of his or her duties so as to
51 necessitate medical or other lawful remedial treatment shall be paid by
52 the municipality by which he or she is employed the full amount of his
53 or her regular salary or wages until his or her disability arising ther-
54 efrom has ceased, and, in addition such municipality shall be liable for
55 all medical treatment and hospital care necessitated by reason of such
56 injury or illness. Provided, however, and notwithstanding the foregoing
A. 147 3
1 provisions of this section, the municipal health authorities or any
2 physician appointed for the purpose by the municipality, after a deter-
3 mination has first been made that such injury or sickness was incurred
4 during, or resulted from, such performance of duty, may attend any such
5 injured or sick police officer, from time to time, for the purpose of
6 providing medical, surgical or other treatment, or for making
7 inspections and the municipality shall not be liable for salary or wages
8 payable to such police officer, or for the cost of medical treatment or
9 hospital care furnished after such date as such health authorities or
10 physician shall certify that such injured or sick police officer has
11 recovered and is physically able to perform his or her regular duties.
12 Any injured or sick police officer who shall refuse to accept medical
13 treatment or hospital care or shall refuse to permit medical inspections
14 as herein authorized, including examinations pursuant to subdivision two
15 of this section, shall be deemed to have waived his or her rights under
16 this section in respect to expenses for medical treatment or hospital
17 care rendered and for salary or wages payable after such refusal.
18 Notwithstanding any provision of law to the contrary, a provider of
19 medical treatment or hospital care furnished pursuant to the provisions
20 of this section shall not collect or attempt to collect reimbursement
21 for such treatment or care from any such police officer, a member of a
22 police force of any county, city, any such advanced ambulance medical
23 technician, any such detention officer or any such detective-investiga-
24 tor or any other such investigator who is a police officer pursuant to
25 the provisions of the criminal procedure law.
26 § 3. This act shall take effect immediately; provided, that the amend-
27 ments to subdivision 1 of section 207-c of the general municipal law
28 made by section one of this act shall be subject to the expiration and
29 reversion of such subdivision pursuant to section 7 of chapter 628 of
30 the laws of 1991, as amended, when upon such date the provisions of
31 section two of this act shall take effect.
