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NY A08137
Bill
Status
6/11/2021
Primary Sponsor
Linda Rosenthal
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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