NYS Assembly Bill A99

[WARFAB]

Nothing to see here folks.......

https://www.nysenate.gov/legislation/bills/2019/a99

Section 1. The public health law is amended by adding a new section 2120-a to read as follows: § 2120-A. REMOVAL AND DETENTION OF CASES, CONTACTS AND CARRIERS WHO ARE OR MAY BE A DANGER TO PUBLIC HEALTH; OTHER ORDERS. 1. THE PROVISIONS OF THIS SECTION SHALL BE UTILIZED IN THE EVENT THAT THE GOVERNOR DECLARES A STATE OF HEALTH EMERGENCY DUE TO AN EPIDEMIC OF ANY COMMUNI- CABLE DISEASE. 2. UPON DETERMINING BY CLEAR AND CONVINCING EVIDENCE THAT THE HEALTH OF OTHERS IS OR MAY BE ENDANGERED BY A CASE, CONTACT OR CARRIER, OR SUSPECTED CASE, CONTACT OR CARRIER OF A CONTAGIOUS DISEASE THAT, IN THE OPINION OF THE GOVERNOR, AFTER CONSULTATION WITH THE COMMISSIONER, MAY POSE AN IMMINENT AND SIGNIFICANT THREAT TO THE PUBLIC HEALTH RESULTING IN SEVERE MORBIDITY OR HIGH MORTALITY, THE GOVERNOR OR HIS OR HER DELE- GEE, INCLUDING, BUT NOT LIMITED TO THE COMMISSIONER OR THE HEADS OF LOCAL HEALTH DEPARTMENTS, MAY ORDER THE REMOVAL AND/OR DETENTION OF SUCH A PERSON OR OF A GROUP OF SUCH PERSONS BY ISSUING A SINGLE ORDER, IDEN- TIFYING SUCH PERSONS EITHER BY NAME OR BY A REASONABLY SPECIFIC DESCRIPTION OF THE INDIVIDUALS OR GROUP BEING DETAINED. SUCH PERSON OR GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPRO- PRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HER DELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.

We're living out the Stanford Prison Experiment on a state level.

[gtnorry]

In English so I can understand please

[WARFAB]

In English so I can understand please

It's a law permitting the involuntary detainment of people who test positive for a disease.

[gtnorry]

Yikes

[thughes]

Excellent! In the past week I've been in...like...8 states on andyboiz no go list. FUAC!

[WARFAB]

7. WHEN A PERSON OR GROUP IS ORDERED TO BE DETAINED PURSUANT TO SUBDI- VISION TWO OF THIS SECTION FOR A PERIOD EXCEEDING THREE BUSINESS DAYS, AND SUCH PERSON OR MEMBER OF SUCH GROUP REQUESTS RELEASE, THE GOVERNOR OR HIS OR HER DELEGEE SHALL MAKE AN APPLICATION FOR A COURT ORDER AUTHORIZING SUCH DETENTION WITHIN THREE BUSINESS DAYS AFTER SUCH REQUEST BY THE END OF THE FIRST BUSINESS DAY FOLLOWING SUCH SATURDAY, SUNDAY, OR LEGAL HOLIDAY, WHICH APPLICATION SHALL INCLUDE A REQUEST FOR AN EXPE- DITED HEARING. AFTER ANY SUCH REQUEST FOR RELEASE, DETENTION SHALL NOT CONTINUE FOR MORE THAN FIVE BUSINESS DAYS IN THE ABSENCE OF A COURT ORDER AUTHORIZING DETENTION. NOTWITHSTANDING THE FOREGOING PROVISIONS, IN NO EVENT SHALL ANY PERSON BE DETAINED FOR MORE THAN SIXTY DAYS WITH- OUT A COURT ORDER AUTHORIZING SUCH DETENTION. THE GOVERNOR OR HIS OR HER DELEGEE SHALL SEEK FURTHER COURT REVIEW OF SUCH DETENTION WITHIN NINETY DAYS FOLLOWING THE INITIAL COURT ORDER AUTHORIZING DETENTION AND THERE- AFTER WITHIN NINETY DAYS OF EACH SUBSEQUENT COURT REVIEW. IN ANY COURT PROCEEDING TO ENFORCE AN ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE FOR

So under this proposal, you can be detained for 3 business days (sorry about your weekend) before the state has to have a court order. If you request release, the state has another three business days (sorry about your weekend) to come up with a court order, but can still hold you for another 5 business days either way.

But if you don't request to be released, they can hold you for up to 60 days?

If the state gets a court order approved, it's a 90 day detention...... without trial? The court order can be repeatedly renewed by the state.

Am I reading that right?

[thughes]

Where's the ACLU on this one?