Assembly Actions -
Senate Actions - UPPERCASE
|May 02, 2022
referred to judiciary
Assembly Bill A10138
2021-2022 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2021-A10138 (ACTIVE) - Details
- Current Committee:
- Assembly Judiciary
- Law Section:
- Family Court Act
- Laws Affected:
- Add §659, Fam Ct Act; add §837-w, Exec L; amd §3119, CPLR; amd §140.10, add §570.17, CP L
- Versions Introduced in 2023-2024 Legislative Session:
2021-A10138 (ACTIVE) - Summary
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
2021-A10138 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10138 I N A S S E M B L Y 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: Section 1. The family court act is amended by adding a new section 659 to read as follows: § 659. CONSIDERATION OF LAW ALLOWING GENDER AFFIRMING CARE. 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 SHALL NOT BE ENFORCED OR ADMISSIBLE WITH REGARD TO A CHILD PRESENT IN THIS STATE. § 2. The executive law is amended by adding a new section 837-w to read as follows: § 837-W. COOPERATION WITH CERTAIN OUT-OF-STATE INVESTIGATIONS. NO STATE OR LOCAL LAW ENFORCEMENT AGENCY SHALL COOPERATE WITH OR PROVIDE INFORMATION TO ANY INDIVIDUAL OR OUT-OF-STATE AGENCY OR DEPARTMENT REGARDING THE PROVISION OF LAWFUL GENDER AFFIRMING CARE PERFORMED IN THIS STATE. NOTHING IN THIS SECTION SHALL PROHIBIT THE INVESTIGATION OF ANY CRIMINAL ACTIVITY IN THIS STATE WHICH MAY INVOLVE THE PERFORMANCE OF GENDER AFFIRMING CARE PROVIDED THAT NO INFORMATION RELATING TO ANY MEDICAL PROCEDURE PERFORMED ON A SPECIFIC INDIVIDUAL MAY BE SHARED WITH AN OUT-OF-STATE AGENCY OR ANY OTHER INDIVIDUAL. § 3. Section 3119 of the civil practice law and rules is amended by adding a new subdivision (g) to read as follows: (G) SUBPOENAS RELATED TO GENDER AFFIRMING CARE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, NO COURT OR COUNTY CLERK SHALL ISSUE A SUBPOENA UNDER THIS SECTION IN CONNECTION WITH AN OUT-OF-STATE PROCEEDING RELAT- ING TO SEEKING HEALTH OR RELATED INFORMATION ABOUT PEOPLE WHO COME TO NEW YORK TO RECEIVE GENDER AFFIRMING CARE IF THE SUBPOENA RELATES TO EFFORTS TO CRIMINALIZE INDIVIDUALS OR REMOVE CHILDREN BASED ON INDIVID- UALS RECEIVING GENDER AFFIRMING CARE IN THIS STATE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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