New York S 937: Prohibits the use of aversive conditioning and other certain punishments

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S00937 Summary:

BILL NOS00937 

&nbsp

SAME ASSAME AS A09526

&nbsp

SPONSORBRISPORT

&nbsp

COSPNSRADDABBO, BROUK, CLEARE, COONEY, GONZALEZ, HINCHEY, HOYLMAN-SIGAL, JACKSON, LIU, MAY, RAMOS,
 SALAZAR, SKOUFIS

&nbsp

MLTSPNSR

&nbsp

Add §498, amd §488, Soc Serv L

&nbsp

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.

Go to top S00937 Actions:

BILL NOS00937 

&nbsp

01/08/2025REFERRED TO DISABILITIES

01/07/2026REFERRED TO DISABILITIES

Go to topS00937 Committee&nbspVotes:

Go to topS00937 Floor&nbspVotes:

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

Go to topS00937 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 937

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. BRISPORT, ADDABBO, BROUK, CLEARE, COONEY, GONZALEZ,
 HOYLMAN-SIGAL, JACKSON, LIU, MAY, RAMOS, SALAZAR, SKOUFIS -- 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:

 1 Section 1. The social services law is amended by adding a new section
 2 498 to read as follows:
 3 § 498. Aversive conditioning. Notwithstanding any provision of law to
 4 the contrary:
 5 1. No program, agency or facility that is funded, operated, licensed,
 6 or approved by the state or an agency or political subdivision of the
 7 state shall administer or cause to be administered to a vulnerable
 8 person any procedure which uses aversive conditioning.
 9 2. No program, agency or facility that is funded, operated, licensed,
 10 or approved by the state or an agency or political subdivision of the
 11 state shall use any form of physical contact or punishment that is
 12 otherwise prohibited by law, or would be prohibited if used on a person
 13 who is not vulnerable.
 14 3. No program, agency or facility that is funded, operated, licensed,
 15 or approved by the state or an agency or political subdivision of the
 16 state shall use any procedure or punishment that denies a vulnerable
 17 person reasonable sleep, shelter, bedding, bathroom facilities and any
 18 other aspect expected of a humane existence.
 19 4. Any student with an individualized education program that is effec-
 20 tive as of the effective date of this section shall be permitted to
 21 complete such program, provided that such student is not subjected to:
 22 aversive conditioning; physical contact or punishment that is otherwise

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01508-01-5

 S. 937 2

 1 prohibited by law, or would be prohibited if used on a person who is not
 2 vulnerable; or any other procedure or punishment that denies a vulner-
 3 able person reasonable sleep, shelter, bedding, bathroom facilities and
 4 any other aspect expected of a humane existence. Provided, however, that
 5 no further individualized education plans shall be funded, operated,
 6 licensed, or approved by the state or any agency or political subdivi-
 7 sion of the state, if any related program, agency, or facility connected
 8 to such individualized education program engages in any conduct that
 9 would otherwise be prohibited by this section.
 10 5. The provisions of this section shall apply regardless of the
 11 location of the relevant conduct or the residence of any impacted
 12 persons.
 13 § 2. Paragraph (e) of subdivision 1 of section 488 of the social
 14 services law, as added by section 1 of part B of chapter 501 of the laws
 15 of 2012, is amended to read as follows:
 16 (e) "Use of aversive conditioning," which shall mean the application
 17 of a physical stimulus that is intended to induce pain or discomfort in
 18 order to modify or change the be