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S09384 Summary:

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S09384 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9384--A
 
                    IN SENATE
 
                                      May 23, 2022
                                       ___________
 
        Introduced  by  Sens.  CLEARE, BIAGGI, COONEY, JACKSON, LIU, MAY, MAYER,
          RIVERA -- read twice and ordered  printed,  and  when  printed  to  be
          committed  to  the  Committee on Finance -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN ACT to amend the executive law, in relation to address confidentiali-
          ty  to protect reproductive health care services providers, employees,
          volunteers, patients, or  immediate  family  members  of  reproductive
          health care services providers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph and subdivision 3 of section  108  of
     2  the  executive  law,  as amended by chapter 141 of the laws of 2019, are
     3  amended to read as follows:
     4    There is created in the office of the secretary of state a program  to
     5  be  known as the "address confidentiality program" to protect victims of
     6  domestic violence, victims of human trafficking,  victims  of  a  sexual
     7  offense  [and],  victims  of  stalking,  and  reproductive  health  care
     8  services providers, employees, volunteers, patients, or immediate family
     9  members of reproductive health care services  providers  by  authorizing
    10  the  use  of designated addresses for such victims and their minor chil-
    11  dren. The program shall be administered by the secretary of state.
    12    3. Designation of agencies to assist applicants. The  secretary  shall
    13  designate  state,  local  or nonprofit agencies that provide counseling,
    14  referral, shelter or other specialized services to victims  of  domestic
    15  violence,  victims  of  human  trafficking,  victims of a sexual offense
    16  [and], victims  of  stalking,  and  reproductive  health  care  services
    17  providers,  employees, volunteers, patients, or immediate family members
    18  of reproductive health care services providers to assist persons  apply-
    19  ing  to be program participants. Such persons providing assistance shall
    20  be trained by the secretary. Any assistance and counseling  rendered  by
    21  an  officer of the secretary or his or her designees to applicants shall
    22  in no way be construed as legal advice.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15252-04-2
        S. 9384--A                          2
 
     1    § 2. Subdivision 1 of section 108 of the executive law is  amended  by
     2  adding three new paragraphs (l), (m) and (n) to read as follows:
     3    (l)  "Reproductive health care services provider, employee, volunteer,
     4  or patient" means a person who obtains, provides,  or  assists,  at  the
     5  request of another person, in obtaining or providing reproductive health
     6  care  services,  or  a person who owns or operates a reproductive health
     7  care services facility.
     8    (m) "Reproductive health care services facility" includes a  hospital,
     9  an office operated by a licensed physician and surgeon, a licensed clin-
    10  ic,  or  other  licensed health care facility that provides reproductive
    11  health care services and includes only  the  building  or  structure  in
    12  which the reproductive health care services are actually provided.
    13    (n)  "Immediate  family member" shall have the same meaning as defined
    14  in subdivision eight of section two hundred thirty-eight of  the  public
    15  health law.
    16    §  3. Clauses (A), (B) and (C) of subparagraph (i) of paragraph (a) of
    17  subdivision 2 of section 108 of the executive law, clauses (A)  and  (B)
    18  as amended by chapter 141 of the laws of 2019 and clause (C) as added by
    19  chapter 502 of the laws of 2011, are amended to read as follows:
    20    (A)  the  applicant,  or  the  minor  or incapacitated person on whose
    21  behalf the application is made, is a victim of domestic violence, victim
    22  of human trafficking, victim of a sexual offense, [or] victim of  stalk-
    23  ing,  or  a reproductive health care services provider, employee, volun-
    24  teer, patient, or an immediate family member of  a  reproductive  health
    25  care services provider;
    26    (B)  the  applicant,  or  the  minor  or incapacitated person on whose
    27  behalf the application is made, has left his or her residence because of
    28  such violence or acts, provided, however, this clause shall not apply if
    29  the applicant is a reproductive health care services provider, employee,
    30  volunteer, patient, or an immediate  family  member  of  a  reproductive
    31  health care services provider;
    32    (C) the applicant fears for his or her safety or his or her children's
    33  safety,  or  the  safety  of  the minor or incapacitated person on whose
    34  behalf the application is made, or, in the case of a reproductive health
    35  care services provider, employee, volunteer, or patient,  the  applicant
    36  fears for his or her safety or the safety of an immediate family member;
    37  and
    38    §  4.  Subparagraph  (iv) of paragraph (a) of subdivision 2 of section
    39  108 of the executive law, as amended by chapter 141 of the laws of 2019,
    40  is amended to read as follows:
    41    (iv) the actual address or addresses that the applicant  requests  not
    42  be disclosed because of the increased risk of domestic violence, a sexu-
    43  al  offense,  stalking, [or] physical injury or in the case of reproduc-
    44  tive health care services provider, employee, volunteer, patient, or  an
    45  immediate family member of a reproductive health care services provider,
    46  other threats of violence; and
    47    §  5.  This  act shall take effect on the ninetieth day after it shall
    48  have become a law.