NY State Senate Bill 2021-S9265

Senate Bill S9265

2021-2022 Legislative Session

Relates to protections for persons receiving and providing reproductive health care services in New York state

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	referred to judiciary

co-Sponsors

2021-S9265 (ACTIVE) - Details

See Assembly Version of this Bill:: A10365
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §3119, CPLR; add §570.17, CP L

2021-S9265 (ACTIVE) - Summary

Provides protections for persons receiving and providing reproductive health care services and access to reproductive health care services in New York state.

2021-S9265 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9265

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the civil practice law and rules and the criminal proce-
dure law, in relation to protections for persons receiving and providing
reproductive health care services and access to reproductive health care
services in New York state

 
PURPOSE:

To protect persons receiving and providing reproductive health care
services in New York state.

 
SUMMARY OF PROVISIONS:

Section 1. 1. Defines (a) "Reproductive health care services" to include
all medical, surgical, counseling or referral services relating to the
human reproductive system, including, but not limited to, services
relating to pregnancy, contraception or the termination of a pregnancy
(b) "Person" includes an individual, a partnership, an association, a

limited liability company or a corporation.

2. When any person has had a judgment entered against such person, in
any state, where liability, in whole or in part, is based on the alleged
provision, receipt, assistance in receipt or provision, material support
for, or any theory of vicarious, joint, several or conspiracy liability
for reproductive health care services that are permitted under the laws
of this state, such person may recover damages from any party that
brought the action leading to that judgment or has sought to enforce
that judgment. Recoverable damages shall include:

(a) Just damages created by the action that led to that judgment,
including, but not limited to, money damages in the amount of the judg-
ment in that other state and costs, expenses and reasonable attorney's
fees spent in defending the action that resulted in the entry of a judg-
ment in another state

(b) Costs, expenses and reasonable attorney's fees incurred in bringing
an action under this section as may be allowed by the court.

3. The provisions of this section shall not apply to a judgment entered
in another state that is based on:

(a) an action founded in tort, contract or statute, and for which a
similar claim would exist under the laws of this state, brought by the
patient who received the reproductive health care services which the
original lawsuit was based or the patient's authorized legal represen-
tative, for damages suffered by the patient or damages derived from an
individual's loss of consortium of the patient

(b) an action founded in contract, and for which a similar claim would
exist under the laws of this state, brought or sought to be enforced by
a party with a contractual relationship with the person that is the
subject of the judgment entered in another state

(c) an action where no part of the acts that formed the basis for
liability occurred in this state.
Section 2. 1. Except as provided in subdivision two of this section, in
any civil action or any proceeding preliminary thereto or in any
probate, legislative or administrative proceeding, no covered entity, as
defined in 45 CFR 160.103, shall disclose:

(a) any communication made to such covered entity, or any information
obtained by such covered entity from, a patient or the conservator,
guardian or other authorized legal representative of a patient relating
to reproductive health care services that are permitted under the laws
of this state.

(b) any information obtained by personal examination of a patient relat-
ing to reproductive health care services that are permitted under the
laws of this state unless the patient or that patient's conservator,
guardian or other authorized legal representative explicitly consents in
writing to such disclosure.

2. Written consent of the patient or the patient's conservator, guardian
or other authorized legal representative shall not be required for the
disclosure of such communication or information

(a) pursuant to the laws of this state or the rules of court prescribed
by the chief administrator of the courts

(b) by a covered entity against whom a claim has been made, or there is
a reasonable belief will be made, in such action or proceeding, to the
covered entity's attorney or professional liability insurer or such
insurer's agent for use in the defense of such action or proceeding.

(c) to the commissioner of health for records of a patient of a covered
entity in connection with an investigation of a complaint, if such
records are related to the complaint.

(d) if child abuse, abuse of an elderly individual, abuse of an individ-
ual who is physically disabled or incompetent or abuse of an individual
with intellectual disability is known or in good faith suspected.

3. Nothing in this section shall be construed to impede the lawful shar-
ing of medical records as permitted by state or federal law or the rules
of the court prescribed by the chief administrator of the courts, except
in the case of a subpoena commanding the production, copying or
inspection of medical records relating to reproductive health care
services.

Section 3. A judge, justice of the peace, notary public or court clerk
shall not issue a subpoena, appointed according to the laws or usages of
any other state or government, or by any court of the United States or
of any other state or government, when such subpoena relates to repro-
ductive health care services. Outlines exceptions to issuing subpoenas.

Section 4. No state or local department, division, office, bureau or
public authority, or any employee, appointee, officer or official or any
other person acting on behalf thereof, may provide any information or
expend or use time, money, facilities, property, equipment, personnel or
other resources in furtherance of any interstate investigation or
proceeding seeking to impose civil or criminal liability upon a person
or entity

Section 5. Section 3119 of the civil practice law and rules is amended
to add new subdivision (g) Out of state abortion proceedings. no court
or county clerk shall issue a subpoena or a summons in a case where
prosecution is pending, or where a grand jury investigation has
commenced or is about to commence for a criminal violation of a law of
such other state involving the provision or receipt of or assistance
with reproductive health care services that are legal in this state,
unless the acts forming the basis of the prosecution or investigation
would also constitute an offense in this state.

Section 6. Amends the criminal procedure law adding new section 570.17
Extradition of abortion providers. No demand for the extradition of a
person charged with providing an abortion shall be recognized by the
governor unless the executive authority of the demanding state shall
allege in writing that the accused was present in the demanding state at
the time of the commission of the alleged offense, and that thereafter
he, she or they fled from that state.

Section 7. Effective date.

 
JUSTIFICATION:

The U.S. Supreme Court is expected to decide by June whether to overturn
its 1973 Roe v. Wade decision legalizing abortion.  Currently, 23 states
have laws that could be used to restrict the legal status of abortion.
This bill will protect medical providers and patients seeking abortion
care in New York who may be traveling from other states that have
outlawed abortion.

This legislation aims to combat strict abortion laws in other states by
allowing people who face legal liability for violating other states'
abortion laws to sue for damages in New York courts. Last year Texas
passed a law that allows any individual to sue anyone who knowingly
performs or aids in an abortion after a fetal heartbeat has been
detected, removing the responsibility of enforcement from the state's
executive branch and placing it into the hands of citizens.  Plaintiffs
can earn up to $10,000 in damages through litigation.

Anyone from out of state who is sued for having aided and abetted an
abortion, such as the parent or guardian who goes with the patient to
New York for the procedure, can legally fight back. This means that a
mother who is sued for taking her daughter out of state for an abortion
can countersue, collecting damages and attorneys' fees, including those
spent defending herself in her home state and the fees spent on bringing
suit in New York. The bill would also allow the state to protect the
medical records of women who travel to the state for an abortion.

This bill would bar New York state courts or county clerks from issuing
subpeonas and from enforcing penalties set by courts in other states
with the civil enforcement mechanism in place, providing anyone who
performed or facilitated an abortion in New York with legal protections.
Under current law, if an abortion provider was found guilty in Texas and
ordered to pay $10,000 but flees to New York, New York would then be
required to send that person back to Texas to face the consequences.
Under this bill, the abortion provider would not be extradited to Texas
for performing the procedure, which is legal in New York.

 
LEGISLATIVE HISTORY:
New Bill

 
FINANCIAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S9265 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9265
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to protections for persons receiving and provid-
   ing reproductive health  care  services  and  access  to  reproductive
   health care services in New York state

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 1. As used in this act:
   (a) "Reproductive health care services" includes all  medical,  surgi-
 cal,  counseling or referral services relating to the human reproductive
 system, including, but not limited to, services relating  to  pregnancy,
 contraception or the termination of a pregnancy; and
   (b)  "Person" includes an individual, a partnership, an association, a
 limited liability company or a corporation.
   2. Notwithstanding any other law or rule to  the  contrary,  when  any
 person  has  had  a  judgment entered against such person, in any state,
 where liability, in whole or in part, is based on the alleged provision,
 receipt, assistance in receipt or provision, material  support  for,  or
 any  theory of vicarious, joint, several or conspiracy liability derived
 therefrom, for reproductive health  care  services  that  are  permitted
 under  the  laws of this state, such person may recover damages from any
 party that brought the action leading to that judgment or has sought  to
 enforce  that  judgment.  Recoverable  damages  shall  include: (a) Just
 damages created by the action that led to that judgment, including,  but
 not  limited  to,  money  damages  in the amount of the judgment in that
 other state and costs, expenses and reasonable attorney's fees spent  in
 defending the action that resulted in the entry of a judgment in another
 state;  and  (b) costs, expenses and reasonable attorney's fees incurred
 in bringing an action under this section as may be allowed by the court.
   3. The provisions of this  section  shall  not  apply  to  a  judgment
 entered  in  another  state  that  is based on: (a) an action founded in
 tort, contract or statute, and for which a  similar  claim  would  exist
 under  the  laws  of this state, brought by the patient who received the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15729-01-2
 S. 9265                             2
 
 reproductive health care services upon which the  original  lawsuit  was
 based  or  the  patient's  authorized  legal representative, for damages
 suffered by the patient or damages derived from an individual's loss  of
 consortium  of  the  patient; (b) an action founded in contract, and for
 which a similar claim would exist under the laws of this state,  brought
 or sought to be enforced by a party with a contractual relationship with
 the person that is the subject of the judgment entered in another state;
 or  (c)  an  action  where no part of the acts that formed the basis for
 liability occurred in this state.
   § 2. 1. Except as provided in subdivision two of this section, in  any
 civil  action  or  any proceeding preliminary thereto or in any probate,
 legislative or administrative proceeding, no covered entity, as  defined
 in  45  CFR  160.103,  shall disclose (a) any communication made to such
 covered entity, or any information obtained by such covered entity from,
 a patient or the conservator, guardian or other authorized legal  repre-
 sentative of a patient relating to reproductive health care services, as
 defined in section one of this act, that are permitted under the laws of
 this state, or (b) any information obtained by personal examination of a
 patient  relating  to  reproductive  health care services, as defined in
 section one of this act, that are  permitted  under  the  laws  of  this
 state,  unless  the  patient  or that patient's conservator, guardian or
 other authorized legal representative explicitly consents in writing  to
 such  disclosure.  A  covered  entity  shall  inform  the patient or the
 patient's conservator, guardian or other authorized legal representative
 of the patient's right to withhold such written consent.
   2. Written consent of the patient or the patient's conservator, guard-
 ian or other authorized legal representative shall not be  required  for
 the  disclosure of such communication or information (a) pursuant to the
 laws of this state or the rules of court prescribed by the chief  admin-
 istrator of the courts, (b) by a covered entity against whom a claim has
 been  made, or there is a reasonable belief will be made, in such action
 or proceeding, to the covered entity's attorney or professional  liabil-
 ity  insurer  or  such  insurer's  agent  for use in the defense of such
 action or proceeding, (c) to the commissioner of health for records of a
 patient of a covered entity in connection with  an  investigation  of  a
 complaint, if such records are related to the complaint, or (d) if child
 abuse,  abuse  of  an  elderly individual, abuse of an individual who is
 physically disabled or incompetent or abuse of an individual with intel-
 lectual disability is known or in good faith suspected.
   3. Nothing in this section shall be construed  to  impede  the  lawful
 sharing  of  medical records as permitted by state or federal law or the
 rules of the court prescribed by the chief administrator of the  courts,
 except  in  the case of a subpoena commanding the production, copying or
 inspection of medical  records  relating  to  reproductive  health  care
 services, as defined in section one of this act.
   §  3.  Notwithstanding  any  other provision of law to the contrary, a
 judge, justice of the peace, notary public  or  court  clerk  shall  not
 issue a subpoena, appointed according to the laws or usages of any other
 state  or  government,  or  by  any court of the United States or of any
 other state or government, when such subpoena  relates  to  reproductive
 health  care  services,  as defined in section one of this act, that are
 permitted under the laws of this state, unless the subpoena relates  to:
 (a)  an  out-of-state  action  founded in tort, contract or statute, for
 which a similar claim would exist under the laws of this state,  brought
 by  a  patient  or  the  patient's  authorized legal representative, for
 damages suffered by the patient or damages derived from an  individual's
 S. 9265                             3
 
 loss of consortium of the patient; or (b) an out-of-state action founded
 in contract, and for which a similar claim would exist under the laws of
 this  state, brought or sought to be enforced by a party with a contrac-
 tual  relationship  with  the person that is the subject of the subpoena
 requested by a commissioner appointed according to the laws or usages of
 another state.
   § 4. No state or local department, division, office, bureau or  public
 authority,  or any employee, appointee, officer or official or any other
 person acting on behalf thereof, may provide any information  or  expend
 or  use time, money, facilities, property, equipment, personnel or other
 resources in furtherance of any interstate investigation  or  proceeding
 seeking  to  impose  civil or criminal liability upon a person or entity
 for (a) the provision, seeking or receipt of or inquiring  about  repro-
 ductive  health  care  services,  as defined in section one of this act,
 that are legal in this state, or (b)  assisting  any  person  or  entity
 providing,  seeking,  receiving or responding to an inquiry about repro-
 ductive health care services, as defined in section  one  of  this  act,
 that are legal in this state. This section shall not apply to any inves-
 tigation  or proceeding where the conduct subject to potential liability
 under the investigation or proceeding  would  be  subject  to  liability
 under the laws of this state if committed in this state.
   §  5.  Section  3119 of the civil practice law and rules is amended by
 adding a new subdivision (g) to read as follows:
   (G)  OUT-OF-STATE  ABORTION  PROCEEDINGS.  NOTWITHSTANDING  ANY  OTHER
 PROVISIONS  OF  THIS  SECTION OR ANY OTHER LAW, NO COURT OR COUNTY CLERK
 SHALL ISSUE A SUBPOENA OR A SUMMONS IN A CASE WHERE PROSECUTION IS PEND-
 ING, OR WHERE A GRAND JURY INVESTIGATION HAS COMMENCED OR  IS  ABOUT  TO
 COMMENCE FOR A CRIMINAL VIOLATION OF A LAW OF SUCH OTHER STATE INVOLVING
 THE  PROVISION OR RECEIPT OF OR ASSISTANCE WITH REPRODUCTIVE HEALTH CARE
 SERVICES THAT ARE LEGAL IN THIS STATE, UNLESS THE ACTS FORMING THE BASIS
 OF THE PROSECUTION OR INVESTIGATION WOULD ALSO CONSTITUTE AN OFFENSE  IN
 THIS  STATE.  FOR THE PURPOSES OF THIS SUBDIVISION, "REPRODUCTIVE HEALTH
 CARE SERVICES" MEANS AND INCLUDES ALL MEDICAL, SURGICAL,  COUNSELING  OR
 REFERRAL  SERVICES RELATING TO THE HUMAN REPRODUCTIVE SYSTEM, INCLUDING,
 BUT NOT LIMITED TO, SERVICES RELATING TO PREGNANCY, CONTRACEPTION OR THE
 TERMINATION OF A PREGNANCY.
   § 6. The criminal procedure law is amended by  adding  a  new  section
 570.17 to read as follows:
 § 570.17 EXTRADITION OF ABORTION PROVIDERS.
   NO  DEMAND  FOR  THE EXTRADITION OF A PERSON CHARGED WITH PROVIDING AN
 ABORTION SHALL BE  RECOGNIZED  BY  THE  GOVERNOR  UNLESS  THE  EXECUTIVE
 AUTHORITY  OF  THE  DEMANDING  STATE  SHALL  ALLEGE  IN WRITING THAT THE
 ACCUSED WAS PRESENT IN THE DEMANDING STATE AT THE TIME OF THE COMMISSION
 OF THE ALLEGED OFFENSE, AND THAT THEREAFTER HE, SHE OR  THEY  FLED  FROM
 THAT STATE.
   § 7. This act shall take effect immediately.

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Senate Bill S9265

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Sponsored By

Liz Krueger