Bill Text: NY A01005 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to legal protections against the arrest and extradition of reproductive health service providers who perform services lawfully in the state of New York; prohibits the cooperation with out-of-state investigations related to the performance or aiding in the performance of an abortion performed within the state of New York.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2023-02-13 - substituted by s1351 [A01005 Detail]
Download: New_York-2023-A01005-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1005 2023-2024 Regular Sessions IN ASSEMBLY January 12, 2023 ___________ Introduced by M. of A. LAVINE -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the executive law, in relation to protections against the arrest and extradition of abortion providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 570.17 of the criminal procedure law, as added by a 2 chapter of the laws of 2022 amending the criminal procedure law, the 3 executive law and the civil practice law and rules relating to 4 protection of abortion service providers, as proposed in legislative 5 bills numbers S. 9077-A and A. 10372-A, is amended to read as follows: 6 § 570.17 Extradition of abortion providers. 7 No demand for the extradition of a person [charged with providing an8abortion] subject to criminal liability that is in whole or in part 9 based on the alleged provision or receipt of, assistance in provision or 10 receipt of, material support for, or any theory of vicarious, joint, 11 several or conspiracy liability for reproductive health care services 12 lawfully performed in New York shall be recognized by the governor 13 unless the executive authority of the demanding state shall allege in 14 writing that the accused was present in the demanding state at the time 15 of the commission of the alleged crime, and that thereafter he, she or 16 they fled from that state. 17 § 2. Subdivision 3-a of section 140.10 of the criminal procedure law, 18 as added by a chapter of the laws of 2022 amending the criminal proce- 19 dure law, the executive law and the civil practice law and rules relat- 20 ing to protection of abortion service providers, as proposed in legisla- 21 tive bills numbers S. 9077-A and A. 10372-A, is amended to read as 22 follows: 23 3-a. A police officer may not arrest any person for performing or 24 aiding in the performance of an abortion within this state[,] that is EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03942-01-3A. 1005 2 1 performed in accordance with the applicable law of this state, for seek- 2 ing to end, or ending, or aiding another in ending their pregnancy with- 3 in this state, or [in] for procuring or aiding in the procurement of an 4 abortion [in] within this state[, if the abortion is performed in5accordance with the provisions of article twenty-five-A of the public6health law or any other applicable law of this state]. 7 § 3. Section 837-w of the executive law, as added by a chapter of the 8 laws of 2022 amending the criminal procedure law, the executive law and 9 the civil practice law and rules relating to protection of abortion 10 service providers, as proposed in legislative bills numbers S. 9077-A 11 and A. 10372-A, is amended to read as follows: 12 § 837-w. Cooperation with certain out-of-state investigations. No 13 state or local law enforcement agency shall cooperate with or provide 14 information to any individual or out-of-state agency or department 15 [regarding the provision of a lawful] related to the performance or 16 aiding in the performance of an abortion [performed in] within this 17 state that is performed in accordance with the applicable law of this 18 state, ending, seeking to end, or aiding another in ending their preg- 19 nancy within this state, or procuring or aiding in the procurement of an 20 abortion within this state. Nothing in this section shall prohibit the 21 investigation of any criminal activity in this state which may involve 22 the performance of an abortion, provided that no information relating to 23 any medical procedure performed on a specific individual may be shared 24 with an out-of-state agency or any other individual. Nothing in this 25 section shall prohibit compliance with a valid, court-issued subpoena or 26 warrant. 27 § 4. This act shall take effect on the same date and in the same 28 manner as a chapter of the laws of 2022 amending the criminal procedure 29 law, the executive law and the civil practice law and rules relating to 30 protection of abortion service providers, as proposed in legislative 31 bills numbers S. 9077-A and A. 10372-A, takes effect.