Bill Text: NY A01005 | 2023-2024 | General Assembly | Introduced

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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

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                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  an
     8  abortion]  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.
                                                                   LBD03942-01-3
        A. 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 in
     5  accordance with the provisions of article twenty-five-A  of  the  public
     6  health 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.