|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 22, 2022||referred to judiciary|
senate Bill S8842
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8842 (ACTIVE) - Details
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
BILL NUMBER: S8842 SPONSOR: HOYLMAN TITLE OF BILL: 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 PURPOSE: Relates to certain prohibitions regarding the legal system and gender affirming care SUMMARY OF PROVISIONS: Section 1 adds a new section 659 to the family court act to ensure that laws of another state that authorize a child to be removed from their parent or guardian based on the parent or guardian allowing the child to receive gender affirming care will not be enforced or admissible in New York.
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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