Bill Text: NY A02268 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to establishing penalties for failure to seek necessary medical or emergency assistance

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to codes [A02268 Detail]

Download: New_York-2009-A02268-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2268
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M. of A. LUPARDO, SWEENEY -- Multi-Sponsored by -- M. of
         A. GREENE -- read once and referred to the Committee on Codes
       AN ACT to amend the penal law, in relation to establishing penalties for
         failure to seek necessary medical or emergency assistance
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The penal law is amended by adding a new section 240.75 to
    2  read as follows:
    3  S 240.75 FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE.
    4    A PERSON IS GUILTY OF FAILURE TO SEEK NECESSARY MEDICAL  OR  EMERGENCY
    5  ASSISTANCE  WHEN,  HAVING  RECKLESSLY OR WITH CRIMINAL NEGLIGENCE CAUSED
    6  SERIOUS PHYSICAL INJURY TO ANOTHER PERSON IN VIOLATION  OF  ARTICLE  ONE
    7  HUNDRED TWENTY OR ONE HUNDRED TWENTY-FIVE OF THIS CHAPTER, HE OR SHE:
    8    1.  KNOWINGLY  FAILS TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE
    9  FOR SUCH PERSON WITHIN A REASONABLE PERIOD OF TIME, ALTHOUGH  REASONABLY
   10  ABLE TO DO SO; AND
   11    2.  SUCH  INJURY  IS  NOT  OTHERWISE REPORTED FOR NECESSARY MEDICAL OR
   12  EMERGENCY ASSISTANCE WITHIN A REASONABLE PERIOD OF TIME.
   13    FAILURE TO SEEK NECESSARY MEDICAL OR EMERGENCY ASSISTANCE IS A CLASS A
   14  MISDEMEANOR.
   15    S 2. Paragraph (b) of subdivision 5 of section 70.25 of the penal law,
   16  as amended by chapter 3 of the laws of  1995,  is  amended  to  read  as
   17  follows:
   18    (b)(I) Except as provided in paragraph (c) of this subdivision, when a
   19  person  is  convicted  of  assault  in  the second degree, as defined in
   20  subdivision seven of section 120.05 of this chapter, any definite, inde-
   21  terminate or determinate term of imprisonment which may be imposed as  a
   22  sentence  upon  such  conviction  shall run consecutively to any term of
   23  imprisonment which was previously imposed or which may be  prospectively
   24  imposed where the person was confined within a detention facility at the
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03013-01-9
       A. 2268                             2
    1  time  of  the assault upon a charge which culminated in such sentence of
    2  imprisonment.
    3     (II)  EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, WHEN A
    4  PERSON IS CONVICTED OF FAILURE TO SEEK NECESSARY  MEDICAL  OR  EMERGENCY
    5  ASSISTANCE,  AS  DEFINED IN SECTION 240.75 OF THIS CHAPTER, ANY DEFINITE
    6  TERM OF IMPRISONMENT WHICH MAY  BE  IMPOSED  AS  A  SENTENCE  UPON  SUCH
    7  CONVICTION  SHALL  RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED
    8  FOR A CRIME ARISING FROM THE SAME CRIMINAL TRANSACTION.
    9    S 3. Paragraph (b) of subdivision 5 of section 70.25 of the penal law,
   10  as added by chapter 372 of the laws of  1981,  is  amended  to  read  as
   11  follows:
   12    (b)(I) Except as provided in paragraph (c) of this subdivision, when a
   13  person  is  convicted  of  assault  in  the second degree, as defined in
   14  subdivision seven of section 120.05 of this  chapter,  any  definite  or
   15  indeterminate  term  of  imprisonment which may be imposed as a sentence
   16  upon such conviction shall run consecutively to any term of imprisonment
   17  which was previously imposed or which may be prospectively imposed where
   18  the person was confined within a detention facility at the time  of  the
   19  assault upon a charge which culminated in such sentence of imprisonment.
   20     (II)  EXCEPT AS PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, WHEN A
   21  PERSON IS CONVICTED OF FAILURE TO SEEK NECESSARY  MEDICAL  OR  EMERGENCY
   22  ASSISTANCE,  AS  DEFINED IN SECTION 240.75 OF THIS CHAPTER, ANY DEFINITE
   23  TERM OF IMPRISONMENT WHICH MAY  BE  IMPOSED  AS  A  SENTENCE  UPON  SUCH
   24  CONVICTION  SHALL  RUN CONSECUTIVELY TO ANY TERM OF IMPRISONMENT IMPOSED
   25  FOR A CRIME ARISING FROM THE SAME CRIMINAL TRANSACTION.
   26    S 4. This act shall take effect on the ninetieth day  after  it  shall
   27  have  become  a  law,  provided  that the amendments to paragraph (b) of
   28  subdivision 5 of section 70.25 of the penal law made by section  two  of
   29  this  act shall be subject to the expiration and reversion of such para-
   30  graph pursuant to subdivision d of section 74 of chapter 3 of  the  laws
   31  of 1995, as amended, when upon such date the provisions of section three
   32  of this act shall take effect.