What's happening
The Andrew Kearse Act requires law enforcement to provide immediate medical care to people in custody showing distress, with criminal penalties for failure resulting in injury or death.
Why it matters
Establishes a clear legal duty for law enforcement and correctional staff to provide immediate medical care to anyone in custody who shows signs of medical distress, including symptoms like breathing difficulties, migraines, or muscle pain.
Creates criminal liability (class E felony) for officers who, through criminal negligence, fail to seek medical care for a person in custody, resulting in injury or death—raising the stakes for inaction and making personal accountability explicit.
Requires mandatory training for law enforcement and corrections agencies on recognizing and responding to medical distress, aiming to prevent future incidents by improving staff awareness and preparedness.
Mandates independent investigation of alleged failures to provide medical care, with a requirement that substantiated cases be referred to prosecutors, increasing oversight and the likelihood that violations will be addressed through the justice system.
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Who cares
Headline styles
Jailers Must Aid Sick Inmates
Plain English, a few words. Used as the page title.
Sponsors
54 Co-sponsors
- Michaelle C. Solages
- Jaime R. Williams
- Kimberly Jean-Pierre
- Anthony D'Urso
- Alicia Hyndman
- Carmen E. Arroyo
- Philip Ramos
- Fred Thiele
- Vivian Cook
- Marcos Crespo
- Victor M. Pichardo
- Jose Rivera
- Harvey Epstein
- Walter T. Mosley
- Clifford Crouch
- Edward Ra
- Karines Reyes
- Jo Anne Simon
- Judy Griffin
- Michael Blake
- J. Gary Pretlow
- Daniel O'Donnell
- Andrew Hevesi
- N. Nick Perry
- Robin Schimminger
- Felix Ortiz
- Carmen De La Rosa
- Charles Barron
- Nily Rozic
- Catalina Cruz
- Rebecca Seawright
- Richard Gottfried
- Tremaine Wright
- Jeffrion Aubry
- Linda Rosenthal
- Diana Richardson
- Yuh-Line Niou
- Pamela J. Hunter
- David Gantt
- Rodneyse Bichotte Hermelyn
- Robert C. Carroll
- Latoya Joyner
- Aravella Simotas
- Deborah Glick
- Robert J. Rodriguez
- Barbara Lifton
- Clyde Vanel
- Taylor Darling
- Inez E. Dickens
- Ellen C. Jaffee
- Latrice Walker
- Mark Walczyk
- Dan Quart
- Mathylde Frontus
1 Multi-sponsor
History
- Referred to codes
- Print number 3056b
- Amend and recommit to codes
- Print number 3056a
- Amend and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Jail Staff Must Get Care
In Senate Committee · Crime Victims, Crime And Correction · Sponsor Alessandra Biaggi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3056--B
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. FERNANDEZ, SOLAGES, WILLIAMS, JEAN-PIERRE, D'URSO, HYNDMAN, ARROYO, RAMOS, THIELE, COOK, CRESPO, PICHARDO, RIVERA, EPSTEIN, MOSLEY, CROUCH, RA, REYES, SIMON, GRIFFIN, ABINANTI, BLAKE, PRETLOW, O'DONNELL, HEVESI, PERRY, SCHIMMINGER -- Multi-Sponsored by -- M. of A. DE LA ROSA -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the correction law and the penal law, in relation to imposing criminal liability for the failure to obtain medical care for a person in custody displaying medical distress
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "Andrew Kearse act".
§ 2. Paragraph (e) of subdivision 1 of section 47 of the correction law is amended by adding a new subparagraph (iii) to read as follows:
(iii) The board shall require any police officer, peace officer, correction officer or other employee of a correctional facility to provide immediate medical attention when an inmate or person in custody displays medical distress. The board shall require state and local correctional facilities and law enforcement agencies to conduct training on assisting a person displaying medical distress. The board shall investigate all alleged failures of any police officer, peace officer, correction officer or other employee of a correctional facility to provide medical care to an inmate or person in custody displaying medical distress or a need for immediate medical care. If the board discovers any police officer, peace officer, correction officer, or other employee of a correctional facility failed to make reasonable effort to provide medical care or denies access to care to an inmate or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03980-05-9
A. 3056--B 2
person in custody displaying medical distress or a need for immediate medical care, the board shall refer such case to prosecutors as a violation of section 125.09 of the penal law.
§ 3. The penal law is amended by adding two new sections 125.08 and 125.09 to read as follows: § 125.08 Criminally negligent failure to obtain medical care resulting
in injury.
A person is guilty of criminally negligent failure to obtain medical care resulting in injury when such person, acting as a police officer, peace officer or correction officer: (a) with criminal negligence, fails to make a good faith effort to obtain medical care for any person in custody, including an inmate, displaying medical distress, including but not limited to breathing difficulties, migraines and muscle pains, or a need for immediate medical care in the presence of such officer; and (b) such person in custody suffers from an injury resulting from such failure to obtain medical care.
Criminally negligent failure to obtain medical care resulting in injury is a class E felony. § 125.09 Criminally negligent failure to obtain medical care resulting
in death.
A person is guilty of criminally negligent failure to obtain medical care resulting in death when such person, acting as a police officer, peace officer or correction officer: (a) with criminal negligence, fails to make a good faith effort to obtain medical care for any person in custody, including an inmate, displaying medical distress, including but not limited to breathing difficulties, migraines and muscle pains, or a need for immediate medical care in the presence of such officer; and (b) such person in custody dies as a result of such failure to obtain medical care.
Criminally negligent failure to obtain medical care resulting in death is a class E felony.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.