New York A 3799: Relates to the use of body imaging scanning equipment in local correctional facilities

Bill Text

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A03799 Summary:

BILL NOA03799 

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SAME ASNo Same As

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SPONSORWeprin

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COSPNSR

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MLTSPNSR

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Amd §3502, Pub Health L

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Authorizes the use of body imaging scanning equipment in local correctional facilities for the screening of visitors and staff in addition to incarcerated individuals.

Go to top A03799 Actions:

BILL NOA03799 

&nbsp

01/30/2025referred to correction

01/07/2026referred to correction

Go to topA03799 Committee&nbspVotes:

Go to topA03799 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03799 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3799

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 30, 2025
 ___________

 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
 on Correction

 AN ACT to amend the public health law, in relation to the use of body
 imaging scanning equipment in local correctional facilities

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraphs (ii) and (iii) of paragraph (a) of subdivi-
 2 sion 6 of section 3502 of the public health law, as amended by section 1
 3 of part LL of chapter 56 of the laws of 2023, are amended to read as
 4 follows:
 5 (ii) Notwithstanding the provisions of this section or any other
 6 provision of law, rule or regulation to the contrary, licensed practi-
 7 tioners, persons licensed under this article and unlicensed personnel
 8 employed at a state or local correctional facility may, in a manner
 9 permitted by the regulations promulgated pursuant to this subdivision,
 10 utilize body imaging scanning equipment that applies ionizing radiation
 11 to humans for purposes of screening individuals detained in, committed
 12 to, visiting, or employed in such facility, in connection with the
 13 implementation of such facility's security program.
 14 (iii) The utilization of such body imaging scanning equipment shall be
 15 in accordance with regulations promulgated by the department, or for
 16 local correctional facilities in cities having a population of two
 17 million or more, such utilization shall be in accordance with regu-
 18 lations promulgated by the New York city department of health and mental
 19 hygiene. The state commission of correction, in consultation with the
 20 department of corrections and community supervision, shall promulgate
 21 regulations establishing when body imaging scanning equipment will be
 22 used to screen visitors and incarcerated individuals in state or local
 23 correctional facilities. Such regulations shall include provisions
 24 establishing that alternative methods of screening may be used to accom-
 25 modate individuals who decline or are unable to be screened by body

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07802-01-5

 A. 3799 2

 1 imaging scanning equipment for medical reasons and that alternative
 2 methods of screening may be used to accommodate individuals who decline
 3 to be screened for other reasons, unless security considerations warrant
 4 otherwise. Such regulations shall also ensure that no person shall be
 5 subjected to any form of harassment, intimidation, or disciplinary
 6 action for choosing to be searched by an alternative method of screening
 7 in lieu of body imaging scanning.
 8 The department of corrections and community supervision shall promul-
 9 gate regulations establishing when body imaging scanning equipment will
 10 be used to screen employees of the department of corrections and commu-
 11 nity supervision, provided, however that such regulations shall be
 12 consistent with the policies and procedures of the department of
 13 corrections and community supervision governing the search of employees.
 14 Such regulations shall include provisions establishing that alternative
 15 methods of screening may be used to accommodate individuals who decline
 16 or are unable to be screened by body imaging scanning equipment for
 17 medical or other reasons. Such regulations shall also ensure that no
 18 person shall be subjected to any form of harassment, intimidation, or
 19 disciplinary action for choosing to be searched by an alte