Assembly Bill A10372

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10372
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   read once and referred to the Committee on Codes
 
 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:
 
   Section  1.  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.
   § 2. 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  AN  ABORTION  WITHIN THIS STATE, OR IN
 PROCURING AN ABORTION IN THIS STATE, IF THE  ABORTION  IS  PERFORMED  IN
 ACCORDANCE  WITH  THE  PROVISIONS OF ARTICLE TWENTY-FIVE-A OF THE PUBLIC
 HEALTH LAW OR ANY OTHER APPLICABLE LAW OF THIS STATE.
   § 3. 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 A LAWFUL ABORTION 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 AN ABORTION,
 PROVIDED THAT NO INFORMATION RELATING TO ANY MEDICAL PROCEDURE PERFORMED
 ON  A  SPECIFIC  INDIVIDUAL MAY BE SHARED WITH AN OUT-OF-STATE AGENCY OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15704-01-2
              

 A. 10372                            2
 
 ANY OTHER INDIVIDUAL. NOTHING IN THIS SECTION SHALL PROHIBIT  COMPLIANCE
 WITH A VALID, COURT-ISSUED SUBPOENA OR WARRANT.
   §  4.  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 UNDER THIS SECTION IN CONNECTION WITH AN  OUT-OF-
 STATE  PROCEEDING  RELATING TO ANY ABORTION SERVICES OR PROCEDURES WHICH
 WERE LEGALLY PERFORMED IN THIS STATE, UNLESS SUCH OUT-OF-STATE  PROCEED-
 ING  (1)  SOUNDS  IN  TORT  OR  CONTRACT, OR IS BASED ON STATUTE, (2) IS
 ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS  OF  THIS
 STATE,  AND  (3)  WAS  BROUGHT  BY THE PATIENT WHO RECEIVED REPRODUCTIVE
 HEALTHCARE, OR THE PATIENT'S LEGAL REPRESENTATIVE, OR  A  PARTY  WITH  A
 CONTRACTUAL  RELATIONSHIP  WITH  THE  PERSON  WHO  IS THE SUBJECT OF THE
 REQUESTED SUBPOENA.
   § 5. Subdivision (e) of section 3102 of the  civil  practice  law  and
 rules,  as amended by chapter 29 of the laws of 2010, is amended to read
 as follows:
   (e) Action pending in another  jurisdiction.  Except  as  provided  in
 section  three thousand one hundred nineteen of this article, when under
 any mandate, writ or commission issued out of any court of record in any
 other state, territory, district or foreign  jurisdiction,  or  whenever
 upon  notice  or  agreement,  it  is required to take the testimony of a
 witness in the state, he or she may be compelled to appear  and  testify
 in  the  same  manner and by the same process as may be employed for the
 purpose of taking testimony in actions pending in the state. The supreme
 court or a county court shall make  any  appropriate  order  in  aid  of
 taking  such  a  deposition;  PROVIDED THAT NO ORDER MAY BE ISSUED UNDER
 THIS SECTION IN CONNECTION WITH AN OUT-OF-STATE PROCEEDING  RELATING  TO
 ANY ABORTION SERVICES OR PROCEDURES WHICH WERE LEGALLY PERFORMED IN THIS
 STATE,  UNLESS  SUCH  OUT-OF-STATE  PROCEEDING  (1)  SOUNDS  IN  TORT OR
 CONTRACT, OR IS BASED ON STATUTE, (2) IS ACTIONABLE, IN AN EQUIVALENT OR
 SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (3) WAS BROUGHT BY THE
 PATIENT WHO RECEIVED REPRODUCTIVE HEALTHCARE,  OR  THE  PATIENT'S  LEGAL
 REPRESENTATIVE,  OR  A  PARTY  WITH  A CONTRACTUAL RELATIONSHIP WITH THE
 PERSON WHO IS THE SUBJECT OF THE REQUESTED SUBPOENA.
   § 6. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity  or  effectiveness of any other provision of this act, any
 other application of any provision of this act, or any  other  provision
 of any law or code amended by this act.
   § 7. This act shall take effect immediately.