Prohibits the administering or directing the administration of a sedative during the arrest of an individual without the consent of such individual.
Summary
This bill amends the New York Executive Law provision governing prohibited uses of force by law enforcement. It adds a specific prohibition against administering, or directing the administration of, a sedative during the arrest of an individual unless that individual consents. The change is framed as an expansion of the list of prohibited force practices within the state’s law-enforcement standards.
The bill is narrow in scope and does not create a broader medical or criminal procedure framework; instead, it targets a specific arrest-related practice. By placing sedative use in the prohibited uses-of-force section, it would make nonconsensual sedation during an arrest an expressly forbidden tactic for officers and anyone acting under their direction. The bill takes effect immediately if enacted.
Impact
If enacted, the bill would amend section 840 of the Executive Law, which sets standards and definitions related to police use of force. It would make the nonconsensual administration of sedatives during an arrest a prohibited use of force, affecting law enforcement agencies, officers, and any personnel acting at an officer’s direction. The practical effect would be to clarify state law and potentially support discipline, policy changes, or enforcement actions where sedatives are used without consent in arrest situations.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the available record suggests a straightforward public-safety and civil-liberties rationale rather than a contested measure. The bill appears designed to prevent a specific and potentially dangerous arrest practice, which would likely be viewed positively by advocates concerned with excessive force and bodily autonomy. Because there are no transcripts or votes provided, there is no documented opposition or support in the supplied materials.
Contention
No committee discussion or voting history is provided, so no specific points of contention are documented in the record supplied here. Potential areas of debate, if raised, would likely involve whether the prohibition is already covered by existing use-of-force rules, how consent would be determined in an arrest setting, and whether any emergency medical circumstances should be treated differently. The bill text itself does not create exceptions or define procedures for obtaining consent.
Requires the office of mental health to create a mental health evaluation form to determine whether arrested individuals have the proper mental capacity to make decisions regarding their arrest; requires arrested individuals to be given such mental health evaluation form; directs that if an individual fails such mental health evaluation, a representative will be appointed for such individual regarding arrest proceedings.
Relating to law enforcement misconduct and law enforcement interactions with certain detained or arrested individuals and other members of the public, to public entity liability for those interactions, and to the confinement, conviction, or release of detained or arrested individuals.
DNA Sampling, Collection, and Analysis; collection of DNA samples of individuals arrested for the commission of a felony at the time such individuals are booked or otherwise processed by a detention facility; provide
Prohibits drug, cannabis or alcohol testing of pregnant or postpartum individuals and newborns unless the individual consents and it is within the scope of medical care, or the testing is necessary for a medical emergency.
Prohibits the release of personal medical records or information without a warrant or express written authorization of the individual; prohibits the condition of the consent of release for an application for a firearms license.
Prohibits the department of corrections from placing incarcerated individuals in two-person cells in residential rehabilitation units unless such incarcerated individuals agree.
Prohibits public entities from contracting with airlines that transport individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights; prohibits certain sales and use tax exemptions on fuel sold to an airline that transports individuals who have been detained by U.S. immigration and customs enforcement without being afforded due process rights.