BILL NUMBER: S8778

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the executive law, in
relation to prohibiting law enforcement from cooperating with out-of-
state investigations related to the provision of lawful abortions

 
PURPOSE:

To provide certain legal protections for providers of legal abortions in
this state.

 
SUMMARY OF PROVISIONS:

Section 140.10 of the criminal procedure law is amended by adding a new
subdivision 3-a. A police officer may not arrest any person for perform-
ing 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 article 25a of the public health law or any other appli-
cable law of this state. The executive law is amended by adding a new
              

section 837-w titled Cooperation with certain out-of-state investi-
gations. 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.

 
JUSTIFICATION:

The U.S. Supreme Court is expected to decide by June whether to overturn
its 1973 Roe v. Wade decision legalizing abortion.  Currently, 16 states
have abortion bans in statute. Texas enforces its bans via civil
lawsuits, empowering private citizens to sue anyone who has helped "aid
or abet" the provision of an abortion after six weeks. Missouri intro-
duced this version but has the enforcement go beyond its states borders
and is attempting to impose their policy preferences on other states, to
stop their citizens from getting abortions anywhere at all. While the
country awaits the U.S.  Supreme Court decision, other states have
attempted to pass laws mirroring the enforcement method in the Texas
law. The federal government has so far failed to act decisively on this
issue, leaving it up to states that support reproductive health care to
determine the future of abortion law and access.

This bill would prohibit law enforcement from cooperating with anti-a-
bortion states' investigations regarding abortions that took place
legally. The intent of this legislation is to keep law enforcement agen-
cies of the provider's home state from becoming a cooperating arm of the
antiabortion state's investigating apparatus.

While states across the country roll back abortion rights and access,
New York continues to pass progressive policies that expand access to
reproductive care. This bill is another tool to help New York thwart
interstate investigations to combat state policies that attempt to ban
abortions and punish providers beyond their borders.

 
LEGISLATIVE HISTORY:.

New Bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.