Assembly Bill A10138

                             
                     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.
              

                                                            LBD15412-01-2
 A. 10138                            2
 
   § 4. Section 140.10 of the criminal procedure law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A.  A  POLICE  OFFICER  MAY  NOT ARREST ANY PERSON FOR PERFORMING OR
 AIDING IN THE PERFORMANCE OF GENDER AFFIRMING CARE WITHIN THIS STATE, OR
 IN PROCURING GENDER AFFIRMING CARE IN THIS STATE, IF THE GENDER  AFFIRM-
 ING  CARE  IS  PERFORMED  IN ACCORDANCE WITH THE PROVISIONS OF ANY OTHER
 APPLICABLE LAW OF THIS STATE.
   § 5. The criminal procedure law is amended by  adding  a  new  section
 570.17 to read as follows:
 § 570.17 EXTRADITION OF GENDER AFFIRMING CARE PROVIDERS.
   NO  DEMAND  FOR  THE  EXTRADITION  OF  A PERSON CHARGED WITH PROVIDING
 GENDER AFFIRMING CARE 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.
   § 6. This act shall take effect immediately.