Bill S22-2009

Requires hospitals to report all gunshot wounds within 1 hour of treatment and failure to do so results in a misdemeanor

Requires hospitals to report all gunshot wounds within 1 hour of treatment and failure to do so results in a misdemeanor.

Details

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Actions

  • Jan 6, 2010: REFERRED TO CODES
  • Jan 7, 2009: REFERRED TO CODES

Memo

 BILL NUMBER:  S22

TITLE OF BILL : An act to amend the penal law, in relation to requiring hospitals to report any gunshot injury to law enforcement within one hour of treatment

PURPOSE : The purpose of this bill is to require hospitals to report all gunshot injuries to law enforcement with (l) one hour of identification/classification

SUMMARY OF PROVISIONS : Section 265.25 of the Penal law is amended 0 read as follows: Every case of a bullet wound gunshot wound, powder bum or any other injury arising from or caused by the discharge of a gun or firearm, and every case of a wound which is likely to or may result in death and is actually or apparently inflicted by a knife, ice pick or other sharp or pointed instrument, shall be reported at once to the police authorities of the city, town, or village where the person reporting is located by: (a) the physician attending or treating the case; or (b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium or other institution. Failure to make such report is a class A misdemeanor.

JUSTIFICATION : Although there is already legislation in place mandating the reporting of such injuries to law enforcement, there is no timetable in place. Sluggish reporting hampers investigations and can cause loss of key materials and witnesses to such crimes.

Expedient reporting will give law enforcement officials a much needed leg up on solving these violent crimes.

EXISTING LAW :

FISCAL IMPLICATIONS : No

LOCAL FISCAL IMPLICATIONS : No

EFFECTIVE DATE : This act shall a take effect on the ninetieth day after it shall have become a law.

Text

STATE OF NEW YORK ________________________________________________________________________ 22 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________
Introduced by Sen. ADAMS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to requiring hospitals to report any gunshot injury to law enforcement within one hour of treat- ment THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 265.25 of the penal law is amended to read as follows: S 265.25 Certain wounds to be reported. 1. Every case of a bullet wound, gunshot wound, powder burn or any other injury arising from or caused by the discharge of a gun or firearm, and every case of a wound which is likely to or may result in death and is actually or apparently inflicted by a knife, icepick or other sharp or pointed instrument, shall be reported at once to the police authorities of the city, town or village where the person report- ing is located by: (a) the physician attending or treating the case; or (b) the manager, superintendent or other person in charge, whenever such case is treated in a hospital, sanitarium or other institution. Failure to make such report is a class A misdemeanor. This subdivision shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or the state of New York while engaged in the actual performance of duty. 2. WITHIN ONE HOUR OF CLASSIFYING ANY INJURY AS A GUNSHOT WOUND A HOSPITAL IS REQUIRED TO REPORT SUCH FINDING TO PROPER LAW ENFORCEMENT AS PRESCRIBED IN SUBDIVISION ONE OF THIS SECTION. FAILURE TO MAKE SUCH REPORT WITHIN ONE HOUR IS A CLASS A MISDEMEANOR. S 2. This act shall take effect on the ninetieth day after it shall have become a law.

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