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NY A08137

Bill

Status

Introduced

6/11/2021

Primary Sponsor

Linda Rosenthal

Click for details

Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Prohibits use of restraints on pregnant women, women in labor, women in delivery, and women within eight weeks post-pregnancy in correctional facilities during transport, except in emergencies where restraints are necessary to prevent immediate serious injury and cannot be avoided by other means.

  • Adds new Executive Law section 837-w prohibiting use of any restraints on pregnant, laboring, delivering, or twelve-week post-pregnancy persons in law enforcement custody or subject to custodial interrogation.

  • Applies restraint prohibition to police stations, correctional facilities, holding facilities, prosecutors' offices, medical areas, hospitals, and facilities holding persons with criminal or juvenile delinquency charges, including during transfers between locations.

  • Provides private right of action for persons claiming restraint violations, allowing recovery of damages, declaratory and injunctive relief, reasonable attorney's fees and costs, and other equitable relief.

  • Takes effect immediately upon enactment.

Legislative Description

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

Last Action

print number 8137a

4/20/2022

Committee Referrals

Correction6/11/2021

Full Bill Text

No bill text available