BILL NUMBER: S7182
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the executive law, in relation to prohibiting the invol-
untary use of sedatives during an arrest
 
PURPOSE OR GENERAL IDEA OF BILL:
To stop police from tranquilizing people so that they can be arrested
and to avoid unnecessary deaths.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends clause (viii) of subparagraph 2 of paragraph (d) of
subdivision 4 of section 840 of the executive law, to prohibit the
administration of a sedative to a person being arrested without the
consent of the person being arrested.
Section 2. Sets an immediate effective date.
 
JUSTIFICATION:
In May 2019, police in Colorado Springs, Colorado, subdued 23 year-old
Elijah McClain, and while being held in a chokehold, injected him with a
powerful sedative. The young man later died of cardiac arrest. This
bill would prohibit such a practice in New York State.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None to state
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7182: 840 executive law