Bill Text: NY A07825 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 7825 (Prior Session Legislation)

Introduced

Bill Title: Relates to the correction medical review board's access to autopsies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2015-06-15 - substituted by s4903 [A07825 Detail]

Download: New_York-2015-A07825-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7825
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  BLAKE, O'DONNELL -- (at request of the State
         Commission of Correction) -- read once and referred to  the  Committee
         on Correction
       AN  ACT  to  amend the county law and the correction law, in relation to
         the correction medical review board's access to inmate autopsies
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 5 of section 674 of the county law, as amended
    2  by chapter 491 of the laws of 1987, is amended to read as follows:
    3    5. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
    4  OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
    5  medical examiner shall promptly perform or  cause  to  be  performed  an
    6  autopsy  and  to prepare an autopsy report which shall include a toxico-
    7  logical report and any report of any examination or inquiry with respect
    8  to any death occurring within his county to an inmate of a  correctional
    9  facility  as  defined  by  subdivision  three  of  section  forty of the
   10  correction law, whether or not the death occurred inside such facility.
   11    S 2. Subdivision 6 of section 677 of the county  law,  as  amended  by
   12  section  1  of  part C of chapter 501 of the laws of 2012, is amended to
   13  read as follows:
   14    6. [The] NOTWITHSTANDING SECTION SIX HUNDRED SEVENTY OF  THIS  ARTICLE
   15  OR  ANY  OTHER  PROVISION  OF  LAW,  THE coroner, coroner's physician or
   16  medical examiner shall promptly provide the chairman of  the  correction
   17  medical  review  board  and  the commissioner of [correctional services]
   18  CORRECTIONS AND COMMUNITY SUPERVISION with copies of any autopsy report,
   19  toxicological report  or  any  report  of  any  examination  or  inquiry
   20  prepared  with  respect to any death occurring to an inmate of a correc-
   21  tional facility as defined by subdivision three of section forty of  the
   22  correction  law within his county; and shall promptly provide the execu-
   23  tive director of the justice center for the protection  of  people  with
   24  special  needs  with  copies of any autopsy report, toxicology report or
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09609-01-5
       A. 7825                             2
    1  any report of any examination or inquiry prepared with  respect  to  the
    2  death  of any service recipient occurring while he or she was a resident
    3  in any facility operated, licensed or certified by any agency within the
    4  department  of  mental  hygiene,  the  office  of  children  and  family
    5  services, the department of health or the state education department. If
    6  the toxicological report  is  prepared  pursuant  to  any  agreement  or
    7  contract with any person, partnership, corporation or governmental agen-
    8  cy  with  the coroner or medical examiner, such report shall be promptly
    9  provided to the chairman of the correction  medical  review  board,  the
   10  commissioner of [correctional services] CORRECTIONS AND COMMUNITY SUPER-
   11  VISION  or  the executive director of the justice center for people with
   12  special needs, as appropriate, by such person, partnership,  corporation
   13  or governmental agency.
   14    S  3.  Subdivision  3 of section 46 of the correction law, as added by
   15  chapter 865 of the laws of 1975, is amended to read as follows:
   16    3. In any case where a person in charge or control of  a  correctional
   17  facility or an officer or employee thereof shall fail to comply with the
   18  provisions of subdivision one, OR IN ANY CASE WHERE A CORONER, CORONER'S
   19  PHYSICIAN  OR  MEDICAL EXAMINER SHALL FAIL TO COMPLY WITH THE PROVISIONS
   20  OF SUBDIVISION SIX OF SECTION SIX HUNDRED SEVENTY-SEVEN  OF  THE  COUNTY
   21  LAW, the commission may apply to the supreme court for an order directed
   22  to such person requiring compliance therewith. Upon such application the
   23  court  may  issue such order as may be just and a failure to comply with
   24  the order of the court shall be a contempt of court  and  punishable  as
   25  such.
   26    S 4. This act shall take effect immediately.