STATE OF NEW YORK ________________________________________________________________________ 9077--A IN SENATE May 6, 2022 ___________ Introduced by Sens. KRUEGER, CLEARE, COONEY, GIANARIS, GOUNARDES, HOYL- MAN, JACKSON, KAPLAN, LIU, MAY, MAYER, RIVERA, SEPULVEDA, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the executive law and the civil practice law and rules, in relation to protection of abortion service providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 570.17 to read as follows: 3 § 570.17 Extradition of abortion providers. 4 No demand for the extradition of a person charged with providing an 5 abortion shall be recognized by the governor unless the executive 6 authority of the demanding state shall allege in writing that the 7 accused was present in the demanding state at the time of the commission 8 of the alleged crime, and that thereafter he, she or they fled from that 9 state. 10 § 2. Section 140.10 of the criminal procedure law is amended by adding 11 a new subdivision 3-a to read as follows: 12 3-a. A police officer may not arrest any person for performing or 13 aiding in the performance of an abortion within this state, or in 14 procuring an abortion in this state, if the abortion is performed in 15 accordance with the provisions of article twenty-five-A of the public 16 health law or any other applicable law of this state. 17 § 3. The executive law is amended by adding a new section 837-w to 18 read as follows: 19 § 837-w. Cooperation with certain out-of-state investigations. No 20 state or local law enforcement agency shall cooperate with or provide 21 information to any individual or out-of-state agency or department 22 regarding the provision of a lawful abortion performed in this state. 23 Nothing in this section shall prohibit the investigation of any criminal 24 activity in this state which may involve the performance of an abortion, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15704-03-2S. 9077--A 2 1 provided that no information relating to any medical procedure performed 2 on a specific individual may be shared with an out-of-state agency or 3 any other individual. Nothing in this section shall prohibit compliance 4 with a valid, court-issued subpoena or warrant. 5 § 4. Section 3119 of the civil practice law and rules is amended by 6 adding a new subdivision (g) to read as follows: 7 (g) Out-of-state abortion proceedings. Notwithstanding any other 8 provisions of this section or any other law, no court or county clerk 9 shall issue a subpoena under this section in connection with an out-of- 10 state proceeding relating to any abortion services or procedures which 11 were legally performed in this state, unless such out-of-state proceed- 12 ing (1) sounds in tort or contract, or is based on statute, (2) is 13 actionable, in an equivalent or similar manner, under the laws of this 14 state, and (3) was brought by the patient who received reproductive 15 healthcare, or the patient's legal representative. 16 § 5. Subdivision (e) of section 3102 of the civil practice law and 17 rules, as amended by chapter 29 of the laws of 2010, is amended to read 18 as follows: 19 (e) Action pending in another jurisdiction. Except as provided in 20 section three thousand one hundred nineteen of this article, when under 21 any mandate, writ or commission issued out of any court of record in any 22 other state, territory, district or foreign jurisdiction, or whenever 23 upon notice or agreement, it is required to take the testimony of a 24 witness in the state, he or she may be compelled to appear and testify 25 in the same manner and by the same process as may be employed for the 26 purpose of taking testimony in actions pending in the state. The supreme 27 court or a county court shall make any appropriate order in aid of 28 taking such a deposition; provided that no order may be issued under 29 this section in connection with an out-of-state proceeding relating to 30 any abortion services or procedures which were legally performed in this 31 state, unless such out-of-state proceeding (1) sounds in tort or 32 contract, or is based on statute, (2) is actionable, in an equivalent or 33 similar manner, under the laws of this state, and (3) was brought by the 34 patient who received reproductive healthcare, or the patient's legal 35 representative. 36 § 6. Severability. If any provision of this act, or any application of 37 any provision of this act, is held to be invalid, that shall not affect 38 the validity or effectiveness of any other provision of this act, any 39 other application of any provision of this act, or any other provision 40 of any law or code amended by this act. 41 § 7. This act shall take effect immediately.