New York lawmakers passed a bill this month that would make it illegal to shackle pregnant people in police custody during labor and delivery.
Previous versions of the measure stalled in the legislature for half a decade, but the issue received renewed attention after a woman in NYPD custody gave birth inside a Brooklyn courtroom last month.
Assemblymember Linda Rosenthal, who sponsored the legislation, said the bill closes a loophole by extending protections that were already in place for pregnant people in jails and prisons. Limits on shackling would also expand to other custodial settings, like courthouses, police precincts and hospitals.
"I think it's just the humane thing to do and treating women with the dignity they deserve, whether they're in police custody or prison," she said in a phone interview after the Assembly approved the measure Friday.
The Senate on June 1 voted in favor of the bill, which now goes to Governor Hochul's desk. Her office said she's reviewing the legislation.
Jenna Lauter, policy counsel at the New York Civil Liberties Union, urged Hochul to sign the bill.
“Last month, a woman arrested on low-level charges went into labor while handcuffed behind her back and was forced to give birth in a Brooklyn courtroom, while court staff looked on,” she said in a statement. “No New Yorker should endure this kind of dangerous and cruel indignity, or be subjected to dangerous force, like tasers or chemical agents, while pregnant or postpartum.”
The American College of Obstetricians and Gynecologists opposes the use of shackles on pregnant people and those who have recently given birth. Restraints can endanger the health of both the pregnant person and the fetus, according to guidance ACOG released in 2021.
Along with shackling restrictions, the measure would prohibit correction officers from using force against people in custody who are pregnant or within 12 weeks of giving birth. Pepper spray and chokeholds would also be banned. Officers would still be allowed to use force if needed to protect themselves or others from imminent, serious injury or death.
