What's happening
The Andrew Kearse Act requires law enforcement and correctional officers to provide immediate medical care to people in custody, making failure to do so a felony if it results in injury or death.
Why it matters
Expands Duty of Care. The bill legally obligates all police, peace, and correction officers—as well as other correctional facility employees—to provide immediate medical attention to any person in custody showing signs of medical distress, potentially changing how officers respond in real-time and increasing accountability for in-custody health emergencies.
Mandatory Training and Investigation. It requires law enforcement and correctional agencies to conduct specific training on recognizing and assisting individuals with medical distress, and mandates that all alleged failures to provide care are investigated by the state oversight board, which must refer credible cases for prosecution.
New Felony Charges. Creates two new felony offenses—one for failure to obtain medical care resulting in injury, and another for failure resulting in death—making it possible for officers who act with criminal negligence in these scenarios to face serious criminal penalties, which could have a deterrent effect and influence departmental policies.
Potential for Increased Oversight and Legal Recourse. By compelling systematic investigation and possible prosecution of neglect cases, the bill may increase transparency, provide more avenues for justice for victims and families, and pressure agencies to prioritize detainee health and safety.
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Who cares
Police, peace and correction officers
They could face a class E felony for criminally negligent failure to seek medical care for a person in custody when that failure causes injury or death.
People in custody, including inmates
The bill would require immediate medical attention when they display medical distress.
State and local correctional facilities and law enforcement agencies
They would be required to conduct training on assisting people displaying medical distress.
Prosecutors
They would receive board referrals involving failures to make reasonable efforts to provide medical care or denials of access to care for people in custody displaying medical distress or needing immediate care.
Headline styles
Jail Staff Must Get Care
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to crime victims, crime and correction
- Print number 4076b
- Amend and recommit to crime victims, crime and correction
- Print number 4076a
- Amend and recommit to crime victims, crime and correction
- Referred to crime victims, crime and correction
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.
Jailers Must Aid Sick Inmates
In Assembly Committee · Codes · Sponsor Nathalia Fernandez
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4076--B
2019-2020 Regular Sessions
IN SENATE
February 27, 2019
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, 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 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03980-06-9
S. 4076--B 2
§ 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.
Sponsor's memo
Title of bill
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
PURPOSE OR GENERAL IDEA OF BILL::
The act amends the correction law and the penal law, mandating correc- tional facilities and police/peace officers must provide adequate medical attention to inmates showing medical distress. The amendment also imposes criminal liability for the failure to obtain medical care for a person in custody displaying medical distress.
SUMMARY OF PROVISIONS::
Section 1: This act shall be known and may be cited as the "Andrew Kearse act".
Section 2: Paragraph (e) of subdivision 1 of section 47 of the correction law is amended so that all correctional facilities, police officer, and peace officer must provide inmates who show medical distress proper medical care. Training must be held at correctional facilities and law enforcement agencies to handle medical distress. Any officers who do not do so will be prosecuted as defined in section 3, a new section 195.01 in penal law.
Section 3: The penal law is amended by adding a new section 125.08 and 125.09 so that any officer who does not provide medical attention to anyone in custody who show medical distress, as defined, - who then suffers from an injury or death - will be prosecuted as detailed.
Section 4: This act shall take effect immediately.
JUSTIFICATION::
Andrew Kearse, on May 11th 2017, was arrested by local officials in Schenectady, New York. In the squad car, he asked for medical attention, citing dizziness and breathing problems. The officers did not provide medical attention, and when only later did they see that he was unre- sponsive. Mr. Kearse died later that day in the hospital.
Despite knowing that the man in custody was in visible distress, the officers did not help him. Mr. Kearse left behind 9 children. It is this negligence and refusal to help someone in custody that must be addressed. A pair of handcuffs is no reason for someone to die. This act will provide consequences for said negligence of any officers that leads to the death or injury of an inmate or person in custody.
LEGISLATIVE HISTORY::
A11378A of 2018
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::
To be decided
EFFECTIVE DATE:: Immediately
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.