Requires hospitals to report all gunshot wounds within 1 hour of treatment and failure to do so results in a misdemeanor

BILL NUMBER:S2981

Title of bill

An act to amend the penal law, in relation to requiring hospitals to report any gunshot injury to law enforcement within one hour of treatment

Purpose

The purpose of this bill is to require hospitals to report all gunshot injuries to law enforcement with (1) one hour of identification/classification

Summary of provisions

Section 265.25 of the Penal law is amended to read as follows: Every case of a bullet wound gunshot wound, powder bum or any other injury arising from or caused by the discharge of a gun or firearm, and every case of a wound which is likely to or may result in death and is actual- ly or apparently inflicted by a knife, ice pick or other sharp or point- ed instrument, shall be reported at once to the police authorities of the city, town, or village where the person reporting is located by: (a) the physician attending or treating the case; or

(b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium or other institution. Failure to make such report is a class A misdemeanor.

Justification

Although there is already legislation in place mandating the reporting of such injuries to law enforcement, there is no timetable in place. Sluggish reporting hampers investigations and can cause loss of key materials and witnesses to such crimes.

Expedient reporting will give law enforcement officials a much needed leg up on solving these violent crimes.

Legislative history

2010: S.22 Held in Codes. 2011: S.3587 Referred to Codes 2012: S.3587 Referred to Codes

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall a take effect on the ninetieth day after it shall have become a law.