senate Bill S8842

2021-2022 Legislative Session

Relates to certain prohibitions regarding the legal system and gender affirming care

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 22, 2022 referred to judiciary

Co-Sponsors

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S8842 (ACTIVE) - Details

See Assembly Version of this Bill:
A10138
Current Committee:
Senate 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

S8842 (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 (view more) relates to the extradition of gender affirming care providers.

S8842 (ACTIVE) - Sponsor Memo

S8842 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8842
 
                             I N  S E N A T E
 
                              April 22, 2022
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee 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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