This 2021 bill in New York State has just been filed and has not yet passed but it appears to have support. If legislated, it will be the first instance of state-authorized detention centers for anyone who is deemed to be “potentially dangerous to the public health.”
This means that the state can forcibly remove you from society if it believes you are a risk to public health. It would be an open-ended invitation to full-blown Technocrat tyranny.
Introduced by M. of A. PERRY — read once and referred to the Committee on Health
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 PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT 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 COMMUNICABLE 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 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. SUCH PERSON OR GROUP OF PERSONS SHALL BE DETAINED IN A MEDICAL FACILITY OR OTHER APPROPRIATE FACILITY OR PREMISES DESIGNATED BY THE GOVERNOR OR HIS OR HERDELEGEE AND COMPLYING WITH SUBDIVISION FIVE OF THIS SECTION.
3. A PERSON OR GROUP REMOVED OR DETAINED BY ORDER OF THE GOVERNOR OR HIS OR HER DELEGEE PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE DETAINED FOR SUCH PERIOD AND IN SUCH MANNER AS THE DEPARTMENT MAY DIRECT IN ACCORDANCE WITH THIS SECTION.
4. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION:
A) A CONFIRMED CASE OR A CARRIER WHO IS DETAINED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL NOT CONTINUE TO BE DETAINED AFTER THE DEPARTMENT DETERMINES THAT SUCH PERSON IS NO LONGER CONTAGIOUS.