Monday, January 4, 2021

We're getting to look a lot like China...

What does the bill say?

The legislation, recently introduced by New York Assemblyman Noah Nicholas Perry, a Democrat, calls for amending New York public health law to permit the "removal and detention of cases, contacts and carriers who are or may be a danger to public health" upon the governor declaring a public health emergency.

The bill states:

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 delegee, 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, identifying such persons either by name or by a reasonably specific description of the individuals or group being detained.

The bill goes on to call for the detention of such individuals "in a medical facility or other appropriate facility or premises designated by the governor or his or her delegee" until the government determines the person is no longer a contagious threat.

However, the bill states that "in no event shall any person be detained for more than 60 days without a court order authorizing such detention."

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