BILL NUMBER: S7521
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the executive law, in relation to directing the division
of criminal justice services to promulgate safety standards and training
requirements for the protection of law enforcement staff against the
biological hazards posed by certain persons in custody
 
PURPOSE OR GENERAL IDEA OF BILL:
To prevent unnecessary injury or death in the use of spit hoods.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new subdivision 23 to section 837 of the executive law
to require the division of criminal justice services to promulgate rules
and regulations for safety standards for protection of law enforcement
against the hazards of spit-borne pathogens, and prohibits the purchase
and use of spit hoods or masks.
§ 2 sets effective date.
 
JUSTIFICATION:
In some circumstances, law enforcement officials use "spit hoods" when
subduing a person. These devices are ostensibly breathable sacks that
are placed over a person's head to prevent the person from spitting on
others. However, in practice, these devices lead to unintended injury
and death. They can cause disorientation and psychological and physical
trauma.
In March 2020, Rochester police subdued Daniel Prude, who was having a
mental health crisis, and placed a hood over his head to prevent him
from spitting on the officers. While the facts of the incident are
unclear at this time, it appears that the police used this sack in
conjunction with other physical constraints that combined to asphyxiate
Mr Prude, and cause his death. This legislation balances the safety
concerns of law enforcement with the safety of those who may need to be
subdued.
 
PRIOR LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S7521: 837 executive law