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A08226 Summary:

BILL NOA08226B
 
SAME ASSAME AS S06601-B
 
SPONSORFernandez
 
COSPNSRHeastie, Peoples-Stokes, Aubry, Reyes, Pichardo, Epstein, Taylor, Richardson, Jean-Pierre, Hyndman, Blake, O'Donnell, Perry, Hevesi, Simotas, Jaffee, Cruz, Rivera, Walker, Fall, D'Urso, Sayegh, Niou, De La Rosa, Ortiz, Rosenthal L, Hunter, Gantt, Mosley, Bichotte, Carroll, Joyner, Glick, Lifton, Vanel, Abinanti, Arroyo, Bronson, Crespo, DenDekker, Dinowitz, Fahy, Frontus, Gottfried, Jacobson, McDonald, Nolan, Otis, Pretlow, Quart, Ramos, Seawright, Simon, Steck, Thiele, Weinstein, Weprin, Wright, Rodriguez, Lupardo, Galef
 
MLTSPNSRBarron
 
Add 28, Civ Rts L
 
Provides that when a person is under arrest or otherwise in custody of a police officer, peace officer or other law enforcement representative or entity, such officer, representative or entity shall have a duty to provide attention to the medical and mental health needs of such person.
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A08226 Actions:

BILL NOA08226B
 
06/07/2019referred to codes
06/11/2019reported referred to rules
06/17/2019amend and recommit to rules 8226a
01/08/2020referred to codes
06/06/2020amend and recommit to codes
06/06/2020print number 8226b
06/08/2020reported referred to rules
06/08/2020reported
06/08/2020rules report cal.63
06/08/2020ordered to third reading rules cal.63
06/09/2020substituted by s6601b
 S06601 AMEND=B BAILEY
 06/18/2019REFERRED TO RULES
 10/07/2019AMEND AND RECOMMIT TO RULES
 10/07/2019PRINT NUMBER 6601A
 01/08/2020REFERRED TO CODES
 06/06/2020AMEND AND RECOMMIT TO CODES
 06/06/2020PRINT NUMBER 6601B
 06/08/2020REPORTED AND COMMITTED TO RULES
 06/08/2020ORDERED TO THIRD READING CAL.691
 06/09/2020PASSED SENATE
 06/09/2020DELIVERED TO ASSEMBLY
 06/09/2020referred to codes
 06/09/2020substituted for a8226b
 06/09/2020ordered to third reading rules cal.63
 06/09/2020passed assembly
 06/09/2020returned to senate
 06/15/2020DELIVERED TO GOVERNOR
 06/15/2020SIGNED CHAP.103
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A08226 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8226B
 
SPONSOR: Fernandez
  TITLE OF BILL: An act to amend the civil rights law, in relation to medical attention for persons under arrest   PURPOSE OR GENERAL IDEA OF BILL: The act amends the Civil Rights Law by adding a new section. This legis- lation affirms the duty of police officers, peace officers, and other law enforcement representatives and entities to provide attention to medical and mental health needs of persons in custody.   SUMMARY OF PROVISIONS: Section 1: Amends the Civil Right Law by adding a new section. Section 2: Effective date.   JUSTIFICATION: In recent years, in New York State and nationally, there have been many disturbing reports and news accounts concerning individuals who have come into law enforcement custody and been injured, been injured by law enforcement incident to arrest, or become ill subsequent to their arrest. In far too many of these cases, adequate medical assistance has been denied to these individuals or been so delayed that individuals have suffered needless pain and suffering. In the most egregious cases, indifference or neglect of some persons' conditions have even led to senseless deaths. By specifically mandating a duty of care, this bill seeks to redress these wrongs and, in the future, prevent such persons from having to endure the infliction of distress and harm.   PRIOR LEGISLATIVE HISTORY: This is a new bill.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: Undetermined   EFFECTIVE DATE: Immediately
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A08226 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8226--B
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 7, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  FERNANDEZ, REYES, PICHARDO, EPSTEIN, TAYLOR,
          RICHARDSON, JEAN-PIERRE, HYNDMAN,  BLAKE,  O'DONNELL,  PERRY,  HEVESI,
          SIMOTAS,  AUBRY,  JAFFEE,  CRUZ, RIVERA, WALKER, FALL, D'URSO, SAYEGH,
          NIOU,  DE LA ROSA,  ORTIZ,  L. ROSENTHAL,   HUNTER,   GANTT,   MOSLEY,
          BICHOTTE,  CARROLL, JOYNER, GLICK, LIFTON, VANEL -- Multi-Sponsored by
          -- M. of A. BARRON -- read once and referred to the Committee on Codes
          -- reported and referred to the Committee on Rules -- Rules  Committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  the Committee on Rules -- recommitted to the Committee on Codes in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        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.
                                                                   LBD13190-10-0
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