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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1492
SPONSOR: Clark 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:
To prevent unnecessary injury or death in the use of spit hoods.
SUMMARY OF PROVISIONS:
Section 1:
Adds a new subdivision 24 to section 837 of the executive law to require
the Division of Criminal Justice Services to promulgate rules and regu-
lations 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 and any other devices that would cover the face
of someone bring controlled or attempting to control.
Section 2:
Sets the 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.
FISCAL IMPACT ON THE STATE:
Minimal.
LEGISLATIVE HISTORY:
A.4566 (Clark) of 2021/22: Ordered to Third Reading Cal. 151
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1492
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. CLARK, MEEKS, MITAYNES, JACKSON, GALLAGHER,
SIMON, STECK, FORREST, BRONSON, SEAWRIGHT, ANDERSON, ZINERMAN -- read
once and referred 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:
1 Section 1. Section 837 of the executive law is amended by adding a new
2 subdivision 24 to read as follows:
3 24. Promulgate rules and regulations for safety standards for the
4 protection of law enforcement staff against the biological hazards posed
5 by spitting of persons in custody. Such regulations and standards may
6 include the purchase of safety equipment, but shall not include the
7 purchase or use of a spit hood, spit mask, spit covering, spit cap, or
8 any device that completely covers the face of the individual under
9 control or under an attempt to control. Such rules and regulations
10 shall include, but not be limited to, training requirements for all law
11 enforcement officers to be completed prior to the use of any such
12 protective equipment.
13 § 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
