assembly Bill A7001B

2021-2022 Legislative Session

Enacts the "gender identity respect, dignity and safety act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2022 reported referred to codes
Feb 16, 2022 print number 7001b
Feb 16, 2022 amend and recommit to correction
Jan 05, 2022 referred to correction
May 13, 2021 print number 7001a
May 13, 2021 amend and recommit to correction
Apr 19, 2021 referred to correction

A7001 - Details

See Senate Version of this Bill:
S6677
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §§137, 500-b & 500-k, add §72-d, Cor L

A7001 - Summary

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated people based upon gender identity; requires that incarcerated people in state and local correctional facilities who have a gender identity different from the person's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated people shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

A7001 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7001
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Correction
 
 AN ACT to amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1.  Short title. This act shall be known and may be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED PERSON IN A CORRECTIONAL FACILITY  WHO  HAS  A
 GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH OR WHO HAS
 A  DIAGNOSIS  OF GENDER DYSPHORIA, OR WHO SELF-IDENTIFIES AS TRANSGENDER
 OR GENDER NONCONFORMING OR NONBINARY SHALL:
   (I) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A  MANNER  THAT
 MOST  CLOSELY  ALIGNS  WITH  SUCH PERSON'S GENDER IDENTITY.  IF A PERSON
 STATES THAT, IN ORDER TO MOST CLOSELY ALIGN WITH THEIR GENDER  IDENTITY,
 THEY  USE A NAME THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERN-
 MENT-ISSUED IDENTIFICATION, THEY SHALL BE ADDRESSED AND REFERRED  TO  BY
 THEIR REQUESTED NAME;
   (II)  HAVE  ACCESS  TO  COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY,
 PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH  SUCH
 PERSON'S GENDER IDENTITY;
   (III) HAVE THE RIGHT TO BE SEARCHED BY A CORRECTIONAL OFFICER OR STAFF
 MEMBER  OF  THE  GENDER  MOST  CLOSELY ALIGNED WITH SUCH PERSON'S GENDER
 IDENTITY, UNLESS THE INCARCERATED PERSON  REQUESTS  OTHERWISE  OR  UNDER
 EXIGENT CIRCUMSTANCES; AND
   (IV) HAVE THE RIGHT TO MEDICAL AND MENTAL HEALTH CARE AS NEEDED AND AS
 APPROPRIATE  FOR  THEIR  GENDER  IDENTITY  AND TO ITEMS THAT ARE USED BY
 INDIVIDUALS TO AFFIRM THEIR GENDER IDENTITY, INCLUDING THOSE  ASSOCIATED
 WITH NECESSARY AND APPROPRIATE CARE AFTER GENDER-AFFIRMING SURGERY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

A7001A - Details

See Senate Version of this Bill:
S6677
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §§137, 500-b & 500-k, add §72-d, Cor L

A7001A - Summary

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated people based upon gender identity; requires that incarcerated people in state and local correctional facilities who have a gender identity different from the person's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated people shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

A7001A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7001--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by M. of A. ROZIC -- read once and referred to the Committee
   on Correction -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Short title. This act shall be known and may be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED PERSON IN A CORRECTIONAL FACILITY  WHO  HAS  A
 GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH OR WHO HAS
 A  DIAGNOSIS  OF GENDER DYSPHORIA, OR WHO SELF-IDENTIFIES AS TRANSGENDER
 OR GENDER NONCONFORMING OR NONBINARY SHALL:
   (I) BE ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A  MANNER  THAT
 MOST  CLOSELY  ALIGNS  WITH  SUCH PERSON'S GENDER IDENTITY.  IF A PERSON
 STATES THAT, IN ORDER TO MOST CLOSELY ALIGN WITH THEIR GENDER  IDENTITY,
 THEY  USE A NAME THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERN-
 MENT-ISSUED IDENTIFICATION, THEY SHALL BE ADDRESSED AND REFERRED  TO  BY
 THEIR REQUESTED NAME;
   (II)  HAVE  ACCESS  TO  COMMISSARY ITEMS, CLOTHING, PERSONAL PROPERTY,
 PROGRAMMING AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH  SUCH
 PERSON'S GENDER IDENTITY;
   (III) HAVE THE RIGHT TO BE SEARCHED BY A CORRECTIONAL OFFICER OR STAFF
 MEMBER  OF  THE  GENDER  MOST  CLOSELY ALIGNED WITH SUCH PERSON'S GENDER
 IDENTITY, UNLESS THE INCARCERATED PERSON  REQUESTS  OTHERWISE  OR  UNDER
 EXIGENT CIRCUMSTANCES; AND
   (IV) HAVE THE RIGHT TO MEDICAL AND MENTAL HEALTH CARE AS NEEDED AND AS
 APPROPRIATE  FOR  THEIR  GENDER  IDENTITY  AND TO ITEMS THAT ARE USED BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03291-05-1

Co-Sponsors

view additional co-sponsors

A7001B (ACTIVE) - Details

See Senate Version of this Bill:
S6677
Current Committee:
Assembly Codes
Law Section:
Correction Law
Laws Affected:
Amd §§137, 500-b & 500-k, add §72-d, Cor L

A7001B (ACTIVE) - Summary

Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated people based upon gender identity; requires that incarcerated people in state and local correctional facilities who have a gender identity different from the person's assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated people shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

A7001B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7001--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 19, 2021
                                ___________
 
 Introduced  by  M. of A. ROZIC, GALLAGHER, GONZALEZ-ROJAS, LAVINE, GOTT-
   FRIED, SIMON, EPSTEIN, BRONSON  --  read  once  and  referred  to  the
   Committee on Correction -- committee discharged, bill amended, ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Correction in accordance  with  Assembly  Rule  3,
   sec.  2  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the correction law, in relation to enacting the  "gender
   identity respect, dignity and safety act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "gender identity respect, dignity and safety act".
   §  2.  Section  137  of  the correction law is amended by adding a new
 subdivision 7 to read as follows:
   7. (A) ANY INCARCERATED INDIVIDUAL IN A CORRECTIONAL FACILITY WHO  HAS
 A GENDER IDENTITY THAT DIFFERS FROM THEIR ASSIGNED SEX AT BIRTH, WHO HAS
 A  DIAGNOSIS OF GENDER DYSPHORIA, WHO HAS A VARIATION IN THEIR SEX CHAR-
 ACTERISTICS, OR WHO SELF-IDENTIFIES AS TRANSGENDER,  GENDER  NONCONFORM-
 ING, NONBINARY, OR INTERSEX SHALL:
   (I)  BE  ADDRESSED BY CORRECTIONAL OFFICERS AND STAFF IN A MANNER THAT
 MOST CLOSELY ALIGNS WITH SUCH PERSON'S GENDER  IDENTITY,  INCLUDING  THE
 NAME AND PRONOUNS SPECIFIED BY THAT PERSON.  IF A PERSON STATES THAT, IN
 ORDER  TO MOST CLOSELY ALIGN WITH THEIR GENDER IDENTITY, THEY USE A NAME
 THAT IS DIFFERENT FROM THE NAME LISTED ON THEIR GOVERNMENT-ISSUED  IDEN-
 TIFICATION,  THEY  SHALL BE ADDRESSED AND REFERRED TO BY THEIR REQUESTED
 NAME;
   (II) HAVE ACCESS TO COMMISSARY  ITEMS,  CLOTHING,  PERSONAL  PROPERTY,
 PROGRAMMING  AND EDUCATIONAL MATERIALS THAT MOST CLOSELY ALIGN WITH SUCH
 PERSON'S GENDER IDENTITY;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03291-09-2
 A. 7001--B                          2