S T A T E O F N E W Y O R K ________________________________________________________________________ 6513 2013-2014 Regular Sessions I N A S S E M B L Y April 4, 2013 ___________ 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. 20 FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION IN THE SECOND 21 DEGREE IS A CLASS A MISDEMEANOR. 22 S 137.05 FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION IN THE 23 FIRST DEGREE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04012-01-3 A. 6513 2 1 A PERSON IS GUILTY OF FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCI- 2 TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI- 3 TY AS A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT- 4 ERS; AND EMERGENCY MEDICAL TECHNICIANS REFUSES TO ADMINISTER 5 CARDIOPULMONARY RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION 6 SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE IN NEED 7 OF SUCH CARDIOPULMONARY RESUSCITATION AND THE PERSON IN NEED OF SUCH 8 CARDIOPULMONARY RESUSCITATION BECOMES PERMANENTLY DISABLED OR DIES. 9 FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION IN THE FIRST 10 DEGREE IN A CLASS E FELONY. 11 S 3. The general municipal law is amended by adding a new section 12 208-h to read as follows: 13 S 208-H. ANNUAL CARDIOPULMONARY RESUSCITATION RETRAINING. EVERY PAID 14 EMERGENCY RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER- 15 GENCY MEDICAL TECHNICIANS SHALL BE ANNUALLY: 16 1. RETRAINED IN CARDIOPULMONARY RESUSCITATION AS DEFINED BY SUBDIVI- 17 SION SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW; 18 AND 19 2. REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING IN 20 CARDIOPULMONARY RESUSCITATION. 21 S 4. This act shall take effect on the sixtieth day after it shall 22 have become a law.