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Assembly Bill A6660A

2023-2024 Legislative Session

Includes the abduction of a child to avoid treatment for gender dysphoria in the offense of custodial interference in the first degree

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2023-A6660 - Details

See Senate Version of this Bill:
S7053
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §135.50, Pen L

2023-A6660 - Summary

Includes the removal of a child to avoid treatment for gender dysphoria in the offense of custodial interference in the first degree; provides that the provision of gender affirming therapy or care or of sex-reassignment prescriptions or procedures shall not be considered mistreatment or abuse of the child.

2023-A6660 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6660
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the penal law, in relation to including the abduction of
   a child to avoid treatment for gender  dysphoria  in  the  offense  of
   custodial interference in the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 135.50 of the penal law, as amended by chapter  785
 of the laws of 1981, is amended to read as follows:
 § 135.50 Custodial interference in the first degree.
   A person is guilty of custodial interference in the first degree when:
   [he commits] 1. THEY COMMIT the crime of custodial interference in the
 second degree:
   [1.] (A) With intent to permanently remove the victim from this state,
 [he removes] THEY REMOVE such person from the state; or
   [2.]  (B)  Under  circumstances which expose the victim to a risk that
 [his] THEIR safety will be endangered or [his] THEIR  health  materially
 impaired[.]; OR
   2.  THEY ABDUCT A MINOR CHILD FROM THE STATE TO OBTAIN CUSTODY OF SAID
 MINOR CHILD ASSERTING THAT THE MINOR CHILD HAS BEEN ABUSED BY VIRTUE  OF
 THE MINOR CHILD BEING TREATED FOR GENDER DYSPHORIA OR BEING GIVEN GENDER
 AFFIRMING CARE UNDER CIRCUMSTANCES WHICH ARE LEGAL WITHIN THE STATE.
   It  shall  be  an affirmative defense to a prosecution under PARAGRAPH
 (A) OF subdivision one of this section that the victim  had  been  aban-
 doned  or  that  the taking was necessary in an emergency to protect the
 victim because [he has] THEY HAVE been subjected to or  threatened  with
 mistreatment  or  abuse.    FOR  THE PURPOSES OF SUBDIVISION TWO OF THIS
 SECTION, THE OFFER OR PROVISION OF GENDER AFFIRMING THERAPY OR CARE,  OR
 OF SEX-REASSIGNMENT PRESCRIPTIONS OR PROCEDURES TO THE MINOR CHILD SHALL
 NOT BE CONSIDERED MISTREATMENT OR ABUSE OF THE MINOR CHILD.
   Custodial interference in the first degree is a class E felony.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

multi-Sponsors

2023-A6660A (ACTIVE) - Details

See Senate Version of this Bill:
S7053
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §135.50, Pen L

2023-A6660A (ACTIVE) - Summary

Includes the removal of a child to avoid treatment for gender dysphoria in the offense of custodial interference in the first degree; provides that the provision of gender affirming therapy or care or of sex-reassignment prescriptions or procedures shall not be considered mistreatment or abuse of the child.

2023-A6660A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6660--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 26, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  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 penal law, in relation to including the abduction of
   a child to avoid treatment for gender  dysphoria  in  the  offense  of
   custodial interference in the first degree
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 135.50 of the penal law, as amended by chapter  785
 of the laws of 1981, is amended to read as follows:
 § 135.50 Custodial interference in the first degree.
   A person is guilty of custodial interference in the first degree when:
   [he commits] 1. THEY COMMIT the crime of custodial interference in the
 second degree:
   [1.] (A) With intent to permanently remove the victim from this state,
 [he removes] THEY REMOVE such person from the state; or
   [2.]  (B)  Under  circumstances which expose the victim to a risk that
 [his] THEIR safety will be endangered or [his] THEIR  health  materially
 impaired[.]; OR
   2.  THEY REMOVE A MINOR CHILD FROM THE STATE TO OBTAIN CUSTODY OF SAID
 MINOR CHILD ASSERTING THAT THE MINOR CHILD HAS BEEN ABUSED BY VIRTUE  OF
 THE MINOR CHILD BEING TREATED FOR GENDER DYSPHORIA OR BEING GIVEN GENDER
 AFFIRMING CARE UNDER CIRCUMSTANCES WHICH ARE LEGAL WITHIN THE STATE.
   It  shall  be  an affirmative defense to a prosecution under PARAGRAPH
 (A) OF subdivision one of this section that the victim  had  been  aban-
 doned  or  that  the taking was necessary in an emergency to protect the
 victim because [he has] THEY HAVE been subjected to or  threatened  with
 mistreatment  or  abuse.    FOR  THE PURPOSES OF SUBDIVISION TWO OF THIS
 SECTION, THE OFFER OR PROVISION OF GENDER AFFIRMING THERAPY OR CARE,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10812-03-4
 A. 6660--A                          2

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