New York S 4422: Enacts the "unmarked burial site protection act", to regulate the discovery of burial grounds, human remains and funerary objects

Bill Text

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S04422 Summary:

BILL NOS04422 

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SAME ASSAME AS A05888

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SPONSORSTEC

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COSPNSRBORRELLO, CHAN, GALLIVAN, HELMING, MURRAY, OBERACKER, PALUMBO, RHOADS, ROLISON, WALCZYK, WEIK

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MLTSPNSR

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Add §138-b, Cor L; amd §3502, Pub Health L

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Relates to the use of body scanners in correctional facilities by both visitors and incarcerated individuals.

Go to top S04422 Actions:

BILL NOS04422 

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02/04/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS04422 Committee&nbspVotes:

Go to topS04422 Floor&nbspVotes:

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

Go to topS04422 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4422

 2025-2026 Regular Sessions

 IN SENATE

 February 4, 2025
 ___________

 Introduced by Sen. STEC -- read twice and ordered printed, and when
 printed to be committed to the Committee on Crime Victims, Crime and
 Correction

 AN ACT to amend the correction law and the public health law, in
 relation to the use of body scanners at correctional facilities

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

 1 Section 1. The correction law is amended by adding a new section 138-b
 2 to read as follows:
 3 § 138-b. Body imaging scanners. 1. Every correctional facility shall
 4 require all visitors of such correctional facility to be scanned by body
 5 imaging scanning equipment in accordance with subdivision six of section
 6 thirty-five hundred two of the public health law before entering such
 7 correctional facility.
 8 2. All incarcerated individuals shall be scanned by body imaging scan-
 9 ning equipment in accordance with subdivision six of section thirty-five
 10 hundred two of the public health law upon intake into the facility and
 11 following any visitation.
 12 3. For purposes of this section "body imaging scanning equipment"
 13 shall have the same meaning as defined in paragraph (d) of subdivision
 14 six of section thirty-five hundred two of the public health law.
 15 § 2. Subparagraph (iii) of paragraph (a) of subdivision 6 of section
 16 3502 of the public health law, as amended by section 1 of part LL of
 17 chapter 56 of the laws of 2023, is amended to read as follows.
 18 (iii) The utilization of such body imaging scanning equipment shall be
 19 in accordance with regulations promulgated by the department, or for
 20 local correctional facilities in cities having a population of two
 21 million or more, such utilization shall be in accordance with regu-
 22 lations promulgated by the New York city department of health and mental
 23 hygiene. The state commission of correction, in consultation with the
 24 department of corrections and community supervision, shall promulgate

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08858-01-5

 S. 4422 2

 1 regulations establishing when body imaging scanning equipment will be
 2 used to screen visitors and incarcerated individuals in state correc-
 3 tional facilities. Such regulations shall include provisions establish-
 4 ing that alternative methods of screening may be used to accommodate
 5 individuals who [decline or] are unable to be screened by body imaging
 6 scanning equipment for medical reasons [and that alternative methods of
 7 screening may be used to accommodate individuals who decline to be
 8 screened for other reasons, unless security considerations warrant
 9 otherwise. Such regulations shall also ensure that no person shall be
 10 subjected to any form of harassment, intimidation, or disciplinary
 11 action for choosing to be searched by an alternative method of screening
 12 in lieu of body imaging scanning]. Nothing in this section shall prohib-
 13 it the department from denying visitation to any person who declines for
 14 reasons other than medical reasons.
 15 § 3. This act shall take effect immediately; provided, however, the
 16 amendments to subdivision 6 of section 3502 of the public health law as
 17 made by section two of this act shall not affect the repeal of such
 18 subdivision and shall be deemed repealed therewith.

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