Albany, New York – New York State Assemblymember Linda B. Rosenthal (D/WF-Manhattan), Chair of the Assembly Committee on Housing, heralded passage of her legislation (A.1670-B) to ban the shackling of pregnant and postpartum women in the custody of law enforcement. Passage of the bill follows a horrific incident last month in which a woman being arraigned on misdemeanor charges in a Brooklyn courtroom was left to give birth while handcuffed. The bill is sponsored in the Senate by Julia Salazar.

“The shackling of pregnant women is nothing short of barbaric,” said Assemblymember Linda B. Rosenthal (D/WF-Manhattan). “New York State has taken steps over the years to protect new mothers from this inhumane treatment, but a glaring loophole has left individuals who are simply in the custody of law enforcement without any protections. This bill must be signed into law immediately to ensure what happened in a Brooklyn courthouse last month does not happen ever again.”

The legislation, first introduced by Assemblymember Rosenthal in 2021, would extend the current prohibition on the shackling of incarcerated pregnant and postpartum women to those who are in law enforcement custody, including those at police stations, prosecutors’ offices and other holding facilities. The bill also explicitly prohibits the use of force against pregnant and postpartum individuals. Additionally, the bill expands on Rosenthal’s 2021 law allowing incarcerated women to have a support person of their choosing with them during labor and delivery to provide the same opportunity for all pregnancy-related appointments. Exceptions are permitted in cases where there is a serious risk of harm to the pregnant person or others, provided that such decision is properly documented.

The legislation has the support of a broad coalition of advocates, including the American Academy of Pediatrics, American College of Obstetricians & Gynecologists District II, New York Civil Liberties Union, Legal Aid Society, New Hour, Planned Parenthood, the Correctional Association of New York and many more.

“Being in law enforcement custody should not mean you are no longer entitled to dignity and compassion,” said Assemblymember Rosenthal. “The provisions in this bill will go a long way in protecting the health and safety of pregnant and postpartum people and their newborns.”