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S06601 Summary:

S06601 Actions:

S06601 Committee Votes:

S06601 Floor Votes:

S06601 Text:

 
                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