Senate Bill S900

2023-2024 Legislative Session

Prohibits the use of aversive conditioning and other certain punishments

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Disabilities Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-S900 (ACTIVE) - Details

See Assembly Version of this Bill:
A1166
Current Committee:
Senate Disabilities
Law Section:
Social Services Law
Laws Affected:
Add §498, amd §488, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S8935, A10289

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

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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.