senate Bill S8935

2021-2022 Legislative Session

Prohibits the use of aversive conditioning and other certain punishments

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 03, 2022 committed to rules
May 11, 2022 advanced to third reading
May 10, 2022 2nd report cal.
May 09, 2022 1st report cal.1157
Apr 29, 2022 referred to disabilities

Votes

view votes

May 9, 2022 - Disabilities committee Vote

S8935
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Disabilities committee vote details

Disabilities Committee Vote: May 9, 2022

aye wr (2)

Co-Sponsors

S8935 (ACTIVE) - Details

See Assembly Version of this Bill:
A10289
Current Committee:
Senate Rules
Law Section:
Social Services Law
Laws Affected:
Add §498, amd §488, Soc Serv L

S8935 (ACTIVE) - Summary

Prohibits the use of aversive conditioning which includes any procedure which causes obvious signs of physical pain, including but not limited to hitting, pinching and electric shock; prohibits the use of any procedure or punishment which denies a vulnerable person reasonable sleep, shelter, bedding, bathroom facilities and any other aspect expected of a humane existence; defines terms.

S8935 (ACTIVE) - Sponsor Memo

S8935 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8935
 
                             I N  S E N A T E
 
                              April 29, 2022
                                ___________
 
 Introduced  by Sen. BRISPORT -- read twice and ordered printed, and when
   printed to be committed to the Committee on Disabilities
 
 AN ACT to amend the social services law, in relation to prohibiting  the
   use of aversive conditioning and other certain punishments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The social services law is amended by adding a new  section
 498 to read as follows:
   §  498. AVERSIVE CONDITIONING. NOTWITHSTANDING ANY PROVISION OF LAW TO
 THE CONTRARY:
   1. NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED,  LICENSED,
 OR  APPROVED  BY  THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION OF THE
 STATE SHALL ADMINISTER OR CAUSE  TO  BE  ADMINISTERED  TO  A  VULNERABLE
 PERSON ANY PROCEDURE WHICH USES AVERSIVE CONDITIONING.
   2.  NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED, LICENSED,
 OR APPROVED BY THE STATE OR AN AGENCY OR POLITICAL SUBDIVISION  OF   THE
 STATE  SHALL  USE  ANY  FORM  OF  PHYSICAL CONTACT OR PUNISHMENT THAT IS
 OTHERWISE PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A  PERSON
 WHO IS NOT VULNERABLE.
   3.  NO PROGRAM, AGENCY OR FACILITY THAT IS FUNDED, OPERATED, LICENSED,
 OR APPROVED BY THE STATE OR AN AGENCY OR POLITICAL  SUBDIVISION  OF  THE
 STATE  SHALL  USE  ANY  PROCEDURE OR PUNISHMENT THAT DENIES A VULNERABLE
 PERSON REASONABLE SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES  AND  ANY
 OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE.
   4. ANY STUDENT WITH AN INDIVIDUALIZED EDUCATION PROGRAM THAT IS EFFEC-
 TIVE  AS  OF  THE  EFFECTIVE  DATE OF THIS SECTION SHALL BE PERMITTED TO
 COMPLETE SUCH PROGRAM, PROVIDED THAT SUCH STUDENT IS NOT  SUBJECTED  TO:
 AVERSIVE  CONDITIONING; PHYSICAL CONTACT OR PUNISHMENT THAT IS OTHERWISE
 PROHIBITED BY LAW, OR WOULD BE PROHIBITED IF USED ON A PERSON WHO IS NOT
 VULNERABLE; OR ANY OTHER PROCEDURE OR PUNISHMENT THAT DENIES  A  VULNER-
 ABLE  PERSON REASONABLE SLEEP, SHELTER, BEDDING, BATHROOM FACILITIES AND
 ANY OTHER ASPECT EXPECTED OF A HUMANE EXISTENCE. PROVIDED, HOWEVER, THAT
 NO FURTHER INDIVIDUALIZED EDUCATION PLANS  SHALL  BE  FUNDED,  OPERATED,
 LICENSED,  OR  APPROVED BY THE STATE OR ANY AGENCY OR POLITICAL SUBDIVI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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