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

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S3038-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Feb 21, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO CODES
• Feb 7, 2011: REFERRED TO CODES

S3038-2011 Meetings

Codes: Mar 13, 2012

S3038-2011 Memo

BILL NUMBER:S3038

TITLE OF BILL:
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 responders
to be retrained
annually in cardiopulmonary resuscitation

PURPOSE OR GENERAL IDEA OF BILL:
The bill will require all police officers to be retrained in
cardiopulmonary resuscitation each year. The failure to administer
cardiopulmonary resuscitation by a peace officer to someone in need
will render the peace officer guilty of a misdemeanor. The peace
office will be guilty of a felony should the person in need of
cardiopulmonary resuscitation become permanently disabled or die.

SUMMARY OF SPECIFIC PROVISIONS:
The penal law is amended to add penalties for failure to administer
cardiopulmonary resuscitation. The general municipal law is amended
to requires that emergency response personnel be retrained in
cardiopulmonary resuscitation each year.

JUSTIFICATION:
Briana Ojeda was an 11 year old girl who passed away in August of 2010.
She had suffered an asthma attack and a police officer who had pulled
over her mother as she drove Briana to the hospital, refused to
perform cardiopulmonary resuscitation (CPR). Had Briana received this
life saving technique, this tragedy may have never occurred.

All officers learn how to administer CPR as part of their basic
training. By retraining first responders regularly, New York State can
ensure that all emergency responders are able to aid those in need of
CPR. Making it a crime for emergency personnel to refuse to help will
promote quick action and save lives. This bill serve to ensure that a
tragic death like Briana Ojeda's won't ever occur again.

PRIOR LEGISLATIVE HISTORY:
First introduced in 2010.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Minimal.

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

S3038-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

      S. 3038                                                  A. 4762

                         2011-2012 Regular Sessions

                        SENATE - ASSEMBLY

                              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:


    Section  1.  Short  title. This act shall be known and may be cited as
  "Briana's Law".
    S 2. Title H of part 3 of the penal law is amended  by  adding  a  new
  article 137 to read as follows:

                                 ARTICLE 137
              FAILURE TO ADMINISTER CARDIOPULMONARY RESUSCITATION
  SECTION 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN
                   THE SECOND DEGREE.
          137.05 FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN
                   THE FIRST DEGREE.
  S 137.00 FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE
             SECOND DEGREE.
    A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
  TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
  ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
  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

    FAILURE  TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN THE SECOND
  DEGREE IS A CLASS A MISDEMEANOR.
  S   137.05 FAILURE  TO  ADMINISTER  CARDIOPULMONARY RESUSCITATION IN THE
             FIRST DEGREE.
    A PERSON IS GUILTY OF FAILURE TO ADMINISTER  CARDIOPULMONARY  RESUSCI-
  TATION IN THE SECOND DEGREE WHEN HE OR SHE, ACTING IN HIS OR HER CAPACI-
  TY  AS  A PAID EMERGENCY RESPONDER INCLUDING POLICE OFFICERS; FIREFIGHT-
  ERS;  AND  EMERGENCY   MEDICAL   TECHNICIANS   REFUSES   TO   ADMINISTER
  CARDIOPULMONARY  RESUSCITATION, AS DEFINED BY SUBDIVISION SIX OF SECTION
  SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW, TO SOMEONE  IN  NEED
  OF  SUCH  CARDIOPULMONARY  RESUSCITATION  AND THE PERSON IN NEED OF SUCH
  CARDIOPULMONARY RESUSCITATION BECOMES PERMANENTLY DISABLED OR DIES.
    FAILURE TO  ADMINISTER  CARDIOPULMONARY  RESUSCITATION  IN  THE  FIRST
  DEGREE IN A CLASS E FELONY.
    S  3.  The  general  municipal  law is amended by adding a new section
  208-h to read as follows:

    S 208-H. ANNUAL CARDIOPULMONARY RESUSCITATION RETRAINING.  EVERY  PAID
  EMERGENCY  RESPONDER INCLUDING: POLICE OFFICERS; FIREFIGHTERS; AND EMER-
  GENCY MEDICAL TECHNICIANS SHALL BE ANNUALLY:

    1. RETRAINED IN CARDIOPULMONARY RESUSCITATION AS DEFINED  BY  SUBDIVI-
  SION  SIX OF SECTION SIX HUNDRED TWENTY-ONE OF THE GENERAL BUSINESS LAW;
  AND
    2. REQUIRED TO DEMONSTRATE THE SATISFACTORY COMPLETION OF TRAINING  IN
  CARDIOPULMONARY RESUSCITATION.
    S  4.  This  act  shall take effect on the sixtieth day after it shall
  have become a law.