NY State Senate Bill 2021-S6859

Senate Bill S6859

2021-2022 Legislative Session

Relates to training police officers on how to respond to situations involving individuals with autism spectrum disorder and other developmental disabilities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
May 19, 2021	referred to codes

2021-S6859 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §840, Exec L; amd §13.43, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:: S2366

2021-S6859 (ACTIVE) - Summary

Relates to training police officers on how to respond to situations involving individuals with autism spectrum disorder and other developmental disabilities.

2021-S6859 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6859

SPONSOR: BAILEY
 
TITLE OF BILL:

An act to amend the executive law and the mental hygiene law, in
relation to training police officers on how to respond to situations
involving individuals with autism spectrum disorder and other develop-
mental disabilities

 
PURPOSE:

The purpose of this bill is to expressly mandate that any police train-
ing for handling and responding to matters involving those with autism
spectrum disorder and other developmental disabilities be accompanied by
meaningful training in the appropriate use of force and de-escalation
techniques when interacting with such individuals.

 
SUMMARY OF PROVISIONS:

Sections one and two of the bill amend the relevant provisions of the

Executive and Mental Hygiene Law to specifically mandate training in the
appropriate use of force and de-escalation techniques when interacting
with individuals with autism spectrum disorder and other developmental
disabilities.

Section three sets forth the effective date.

 
JUSTIFICATION:

Members of law enforcement are currently required to receive training on
how to interact with and "handle" individuals living with autism spec-
trum disorder and other developmental disabilities, but they often
misinterpret the behaviors of those individuals as criminal in nature.
This often results in the use of excessive force. The purpose of this
legislation is to ensure that law enforcement agencies prioritize
instruction on how to deescalate a situation when such individuals are
involved, and only then use the appropriate level of force necessary to
prevent harm to others.

 
FISCAL IMPACT:

To be determined.

 
LEGISLATIVE HISTORY:

New bill.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6859 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6859
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the  executive  law  and  the  mental  hygiene  law,  in
   relation  to  training police officers on how to respond to situations
   involving individuals with autism spectrum disorder and other develop-
   mental disabilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 5 of section 840 of the execu-
 tive  law, as added by section 4 of part JJ of chapter 57 of the laws of
 2018, is amended to read as follows:
   (a) Develop,  maintain  and  disseminate,  in  consultation  with  the
 commissioner  of  the office for people with developmental disabilities,
 written policies and procedures consistent with  section  13.43  of  the
 mental  hygiene  law,  regarding  the  handling  of emergency situations
 involving individuals with autism spectrum disorder and  other  develop-
 mental  disabilities. Such policies and procedures shall make provisions
 for the education and training of new and veteran police officers on the
 handling of emergency situations involving individuals with autism spec-
 trum disorder and other developmental disabilities,  INCLUDING  BUT  NOT
 LIMITED TO TRAINING ON THE APPROPRIATE USE OF FORCE ON SUCH INDIVIDUALS,
 AS  WELL AS TRAINING ON APPROPRIATE TECHNIQUES FOR DEESCALATING ENCOUNT-
 ERS WITH SUCH INDIVIDUALS THAT  IS  CONSISTENT  WITH  SUCH  INDIVIDUAL'S
 SAFETY; and
   §  2.  Subdivision  (b) of section 13.43 of the mental hygiene law, as
 added by section 1 of part JJ of chapter 57 of  the  laws  of  2018,  is
 amended to read as follows:
   (b)  Such  training  shall address appropriate response techniques for
 dealing with both adults and minors with autism  spectrum  disorder  and
 other  developmental disabilities, INCLUDING BUT NOT LIMITED TO TRAINING
 ON THE APPROPRIATE USE OF FORCE ON SUCH INDIVIDUALS, AS WELL AS TRAINING
 ON APPROPRIATE TECHNIQUES FOR DEESCALATING ENCOUNTERS WITH SUCH INDIVID-
 UALS THAT IS CONSISTENT WITH SUCH INDIVIDUAL'S SAFETY.
   § 3. This act shall take effect immediately.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11579-01-1

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