Bill Text: NY A10138 | 2021-2022 | General Assembly | Introduced

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Bill Title: Prohibits consideration of a law of another state that authorizes a child to be removed from their parent or guardian based on the parent or guardian allowing their child to receive gender affirming care in custody cases; prohibits law enforcement agencies from cooperating with or providing information to any individual or out-of-state agency or department regarding the provision of lawful gender affirming care performed in this state; prohibits the issuance of a subpoena in connection with certain out-of-state proceedings relating to seeking health or related information about people who come to New York to receive gender affirming care; prohibits the arrest of a person for performing or aiding in the lawful performance of gender affirming care within this state; relates to the extradition of gender affirming care providers.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2022-05-02 - referred to judiciary [A10138 Detail]

Download: New_York-2021-A10138-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10138

                   IN ASSEMBLY

                                       May 2, 2022
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the family court act, the executive law, the civil prac-
          tice law and rules and the criminal  procedure  law,  in  relation  to
          gender affirming care

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The family court act is amended by adding a new section 659
     2  to read as follows:
     3    § 659. Consideration of law allowing gender affirming care. A  law  of
     4  another state that authorizes a child to be removed from their parent or
     5  guardian based on the parent or guardian allowing their child to receive
     6  gender affirming care shall not be enforced or admissible with regard to
     7  a child present in this state.
     8    §  2.  The  executive  law is amended by adding a new section 837-w to
     9  read as follows:
    10    § 837-w. Cooperation  with  certain  out-of-state  investigations.  No
    11  state  or  local  law enforcement agency shall cooperate with or provide
    12  information to any  individual  or  out-of-state  agency  or  department
    13  regarding  the  provision  of  lawful gender affirming care performed in
    14  this state. Nothing in this section shall prohibit the investigation  of
    15  any criminal activity in this state which may involve the performance of
    16  gender  affirming  care  provided  that  no  information relating to any
    17  medical procedure performed on a specific individual may be shared  with
    18  an out-of-state agency or any other individual.
    19    §  3.  Section  3119 of the civil practice law and rules is amended by
    20  adding a new subdivision (g) to read as follows:
    21    (g) Subpoenas related to gender affirming  care.  Notwithstanding  any
    22  other provisions of law, no court or county clerk shall issue a subpoena
    23  under  this section in connection with an out-of-state proceeding relat-
    24  ing to seeking health or related information about people  who  come  to
    25  New  York  to  receive  gender affirming care if the subpoena relates to
    26  efforts to criminalize individuals or remove children based on  individ-
    27  uals receiving gender affirming care in this state.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15412-01-2
        A. 10138                            2

     1    § 4. Section 140.10 of the criminal procedure law is amended by adding
     2  a new subdivision 3-a to read as follows:
     3    3-a.  A  police  officer  may  not arrest any person for performing or
     4  aiding in the performance of gender affirming care within this state, or
     5  in procuring gender affirming care in this state, if the gender  affirm-
     6  ing  care  is  performed  in accordance with the provisions of any other
     7  applicable law of this state.
     8    § 5. The criminal procedure law is amended by  adding  a  new  section
     9  570.17 to read as follows:
    10  § 570.17 Extradition of gender affirming care providers.
    11    No  demand  for  the  extradition  of  a person charged with providing
    12  gender affirming care shall be recognized by  the  governor  unless  the
    13  executive  authority of the demanding state shall allege in writing that
    14  the accused was present in the  demanding  state  at  the  time  of  the
    15  commission  of  the alleged offense, and that thereafter he, she or they
    16  fled from that state.
    17    § 6. This act shall take effect immediately.