Bill Text: NY A04762 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires police officers to be retrained annually in CPR and creates the offense of failure to administer CPR in the first and second degrees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04762 Detail]

Download: New_York-2011-A04762-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 3038                                                  A. 4762
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                   February 7, 2011
                                      ___________
       IN  SENATE  --  Introduced  by Sen. MONTGOMERY -- read twice and ordered
         printed, and when printed to be committed to the Committee on Codes
       IN ASSEMBLY -- Introduced by M. of A. ORTIZ -- read once and referred to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to creating  the  offense  of
         failure  to administer cardiopulmonary resuscitation; and to amend the
         general municipal law, in relation to requiring paid emergency respon-
         ders to be retrained annually in cardiopulmonary resuscitation
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  "Briana's Law".
    3    S 2. Title H of part 3 of the penal law is amended  by  adding  a  new
    4  article 137 to read as follows:
    5                                 ARTICLE 137
    6              FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION
    7  SECTION 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN
    8                   THE SECOND DEGREE.
    9          137.05 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN
   10                   THE FIRST DEGREE.
   11  S 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE
   12             SECOND DEGREE.
   13    A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
   14  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
   15  TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
   16  ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
   17  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
   18  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
   19  OF SUCH CARDIOPULMONARY RESUSCITATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07621-01-1
       S. 3038                             2                            A. 4762
    1    FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE SECOND
    2  DEGREE IS A CLASS A MISDEMEANOR.
    3  S   137.05 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN THE
    4             FIRST DEGREE.
    5    A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
    6  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
    7  TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
    8  ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
    9  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
   10  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
   11  OF  SUCH  CARDIOPULMONARY  RESUSCITATION  AND THE PERSON IN NEED OF SUCH
   12  CARDIOPULMONARY RESUSCITATION BECOMES PERMANENTLY DISABLED OR DIES.
   13    FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  FIRST
   14  DEGREE IN A CLASS E FELONY.
   15    S  3.  The  general  municipal  law is amended by adding a new section
   16  208-h to read as follows:
   17    S 208-H. ANNUAL CARDIOPULMONARY RESUSCITATION RETRAINING.  EVERY  PAID
   18  EMERGENCY  RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER-
   19  GENCY MEDICAL TECHNICIANS SHALL BE ANNUALLY:
   20    1. RETRAINED IN CARDIOPULMONARY RESUSCITATION AS DEFINED  BY  SUBDIVI-
   21  SION  SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW;
   22  AND
   23    2. REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING  IN
   24  CARDIOPULMONARY RESUSCITATION.
   25    S  4.  This  act  shall take effect on the sixtieth day after it shall
   26  have become a law.