Assembly Actions -
Senate Actions - UPPERCASE
|Jan 09, 2023||
referred to disabilities
Senate Bill S900
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Disabilities Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S900 (ACTIVE) - Details
2023-S900 (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.
2023-S900 (ACTIVE) - Sponsor Memo
BILL NUMBER: S900 SPONSOR: BRISPORT TITLE OF BILL: An act to amend the social services law, in relation to prohibiting the use of aversive conditioning and other certain punishments SUMMARY OF PROVISIONS: Section one adds a new section 498 to the social services law, providing that no programs funded or licensed by the State of New York shall administer to vulnerable persons any procedure that uses aversive condi- tioning. Section two modifies paragraph (e) of subdivision one of section 488 of the social services law, to clarify, among other items, that aversive conditioning includes electric shock procedures. Section three adds a new subdivision seventeen to section 488 of the social services law, defining "program" to include residential and non- residential public or private programs that provide services to vulner- able persons.
2023-S900 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 900 2023-2024 Regular Sessions I N S E N A T E January 9, 2023 ___________ Introduced by Sens. BRISPORT, CLEARE, LIU, RAMOS -- 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03550-01-3
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