Bill S3038-2011

Requires paid emergency responders to be retrained annually in CPR and creates the offense of failure to administer CPR

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

Details

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

Meetings

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 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: 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.
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.

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