Do you support this bill?

Senate Bill S7053A

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2023-S7053 - Details

See Assembly Version of this Bill:
A6660
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §135.50, Pen L

2023-S7053 - 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-S7053 - Sponsor Memo

2023-S7053 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7053
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee 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.

2023-S7053A (ACTIVE) - Details

See Assembly Version of this Bill:
A6660
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §135.50, Pen L

2023-S7053A (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-S7053A (ACTIVE) - Sponsor Memo

2023-S7053A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7053--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   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.
                                                            LBD10812-04-4

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.