Assembly Bill A2155A

2023-2024 Legislative Session

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation

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Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A2155 - Details

See Senate Version of this Bill:
S9816
Current Committee:
Assembly Rules
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L; add §837-y, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A8137

2023-A2155 - Summary

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

2023-A2155 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2155
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Correction
 
 AN ACT to amend the correction law and the executive law, in relation to
   prohibiting the use of restraints on incarcerated  individuals  during
   labor,  absent  extraordinary  circumstances,  and on pregnant persons
   during a custodial interrogation

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision  1  of section 611 of the
 correction law, as amended by chapter 17 of the laws of 2016, is amended
 to read as follows:
   (a) If a woman confined  in  any  institution  or  local  correctional
 facility be pregnant and about to give birth to a child, the superinten-
 dent  or sheriff in charge of such institution or facility, a reasonable
 time before the anticipated birth of such child, shall cause such  woman
 to  be  removed  from  such  institution  or  facility and provided with
 comfortable accommodations,  maintenance  and  medical  care  elsewhere,
 under such supervision and safeguards to prevent her escape from custody
 as  the  superintendent or sheriff or his or her designee may determine.
 No restraints of any kind shall be used during transport of such  woman,
 a woman who is known to be pregnant by correctional personnel or person-
 nel  providing medical services to the institution or local correctional
 facility, or a woman within eight  weeks  after  delivery  or  pregnancy
 outcome, absent extraordinary circumstances in which[:
   i.  the  superintendent or sheriff or his or her designee in consulta-
 tion with the medical professional responsible for the  institution  has
 made  an  individualized  determination that restraints are necessary to
 prevent such woman from injuring  herself  or  medical  or  correctional
 personnel  or others and cannot reasonably be restrained by other means,
 including the use of additional personnel; or

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05721-01-3
 A. 2155                             2
              

co-Sponsors

2023-A2155A (ACTIVE) - Details

See Senate Version of this Bill:
S9816
Current Committee:
Assembly Rules
Law Section:
Correction Law
Laws Affected:
Amd §611, Cor L; add §837-y, Exec L
Versions Introduced in 2021-2022 Legislative Session:
A8137

2023-A2155A (ACTIVE) - Summary

Prohibits the use of restraints on incarcerated individuals during labor, absent extraordinary circumstances, and on pregnant persons during a custodial interrogation.

2023-A2155A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2155--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by M. of A. L. ROSENTHAL, FORREST, CRUZ, JEAN-PIERRE, GLICK,
   LUCAS, SEAWRIGHT, REYES, DAVILA, SIMONE, EPSTEIN, SIMON,  RAGA,  SHIM-
   SKY,  LEVENBERG, FAHY, BURDICK, TAPIA -- read once and referred to the
   Committee on Correction -- recommitted to the Committee on  Correction
   in  accordance  with  Assembly Rule 3, sec. 2 -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 AN ACT to amend the correction law and the executive law, in relation to
   prohibiting  the  use of restraints on incarcerated individuals during
   labor, absent extraordinary circumstances,  and  on  pregnant  persons
   during a custodial interrogation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 611  of  the  correction  law,  as
 amended  by  chapter 17 of the laws of 2016, paragraph (c) as separately
 amended by chapters 322 and 621 of the laws of 2021, is amended to  read
 as follows:
   1.  (a)  If  a  [woman]  PERSON  confined  in any institution or local
 correctional facility [be] IS pregnant and about  to  give  birth  to  a
 child,  the  superintendent  or sheriff in charge of such institution or
 facility, a reasonable time before the anticipated birth of such  child,
 shall  cause  such [woman] PERSON to be removed from such institution or
 facility and provided with comfortable accommodations,  maintenance  and
 medical care elsewhere, under such supervision and safeguards to prevent
 [her] THEIR escape from custody as the superintendent or sheriff or [his
 or  her]  THEIR designee may determine.  No restraints of any kind shall
 be used during transport of such [woman] PERSON, a [woman] PERSON who is
 known to be pregnant by correctional personnel  or  personnel  providing
 medical services to the institution or local correctional facility, or a
 [woman]  PERSON  within eight weeks after delivery or pregnancy outcome,
 absent extraordinary circumstances in which[:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05721-02-4
              

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