The newest version of bill (A416) is working its way through the New York State Senate, giving the Governor’s Office, during any state of emergency for any disease, the power to detain New Yorkers forcefully and oversee their quarantine or isolation at a locked down facility.
An earlier but separate version of this bill, (A99), was never taken up for vote after public backlash within the 2019-2020 Legislative Session.
The bill, (A416), describes itself as, “An act to amend the public health law, in relation to the removal of cases, contacts and carriers of communicable diseases who are potentially dangerous to the public health.”
The bill says determinations on who is a danger, and who is not, would be made through, “clear and convincing evidence,” as determined by the Governor’s “opinion” after consultation with health officials.
The bill also says, upon determination of those controlling your detention, any person deemed safe must be released immediately.
The bill allows for detention of any New York State resident during a state of emergency for up to 60 days when a pandemic is the cause.
Upon determination that any citizen is a threat, detention would not take place immediately. According to the bill, letters will be sent over the course of three days, and by the fourth day, if you have not turned yourself over for detention, you will be forcefully detained.
According to the bill, each up to 60-day quarantine/isolation detention will take place at a medical facility, or other appropriate facility, or premises designated by the Governor.
The bill mentions nothing on having to test positive under any circumstances as a prerequisite for being detained.
To read this proposed legislation for yourself, click here: https://www.nysenate.gov/legislation/bills/2021/a416