NY State Senate Bill 2023-S5104

Senate Bill S5104

2023-2024 Legislative Session

Directs the division of criminal justice services to promulgate safety standards and training requirements for the protection of law enforcement against biological hazards posed by certain persons in custody

download bill text pdf

Current 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to codes
Feb 22, 2023	referred to codes

2023-S5104 (ACTIVE) - Details

See Assembly Version of this Bill:: A1492
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Amd §837, Exec L
Versions Introduced in 2021-2022 Legislative Session:: A4566

2023-S5104 (ACTIVE) - Summary

Directs the division of criminal justice services to promulgate safety standards and training requirements for the protection of law enforcement staff against biological hazards posed by spitting of persons in custody.

2023-S5104 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5104

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the executive law, in relation to directing the division
of criminal justice services to promulgate safety standards and training
requirements for the protection of law enforcement staff against the
biological hazards posed by certain persons in custody

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent unnecessary injury or death in the use of spit hoods.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Adds a new subdivision 23 to section 837 of the executive law
to require the division of criminal justice services to promulgate rules
and regulations for safety standards for protection of law enforcement
against the hazards of spit-borne pathogens, and prohibits the purchase
and use of spit hoods or masks.

§ 2 sets effective date.

 
JUSTIFICATION:

In some circumstances, law enforcement officials use "spit hoods" when
subduing a person. These devices are ostensibly breathable sacks that
are placed over a person's head to prevent the person from spitting on
others. However, in practice, these devices lead to unintended injury
and death. They can cause disorientation and psychological and physical
trauma.

In March 2020, Rochester police subdued Daniel Prude, who was having a
mental health crisis, and placed a hood over his head to prevent him
from spitting on the officers. While the facts of the incident are
unclear at this time, it appears that the police used this sack in
conjunction with other physical constraints that combined to asphyxiate
Mr Prude, and cause his death. This legislation balances the safety
concerns of law enforcement with the safety of those who may need to be
subdued.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5104 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5104
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the executive law, in relation to directing the division
   of criminal justice services to promulgate safety standards and train-
   ing requirements for the protection of law enforcement  staff  against
   the biological hazards posed by certain persons in custody
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 837 of the executive law is amended by adding a new
 subdivision 24 to read as follows:
   24. PROMULGATE RULES AND REGULATIONS  FOR  SAFETY  STANDARDS  FOR  THE
 PROTECTION OF LAW ENFORCEMENT STAFF AGAINST THE BIOLOGICAL HAZARDS POSED
 BY  SPITTING  OF  PERSONS IN CUSTODY. SUCH REGULATIONS AND STANDARDS MAY
 INCLUDE THE PURCHASE OF SAFETY EQUIPMENT,  BUT  SHALL  NOT  INCLUDE  THE
 PURCHASE  OR  USE OF A SPIT HOOD, SPIT MASK, SPIT COVERING, SPIT CAP, OR
 ANY DEVICE THAT COMPLETELY COVERS  THE  FACE  OF  THE  INDIVIDUAL  UNDER
 CONTROL  OR  UNDER  AN  ATTEMPT TO CONTROL.   SUCH RULES AND REGULATIONS
 SHALL INCLUDE, BUT NOT BE LIMITED TO, TRAINING REQUIREMENTS FOR ALL  LAW
 ENFORCEMENT  OFFICERS  TO  BE  COMPLETED  PRIOR  TO  THE USE OF ANY SUCH
 PROTECTIVE EQUIPMENT.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04701-01-3

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.