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S09077 Summary:

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S09077 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9077--A
 
                    IN SENATE
 
                                       May 6, 2022
                                       ___________
 
        Introduced  by Sens. KRUEGER, CLEARE, COONEY, GIANARIS, GOUNARDES, HOYL-
          MAN, JACKSON, KAPLAN, LIU, MAY, MAYER, RIVERA,  SEPULVEDA,  THOMAS  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Codes -- committee discharged, bill amended,  ordered
          reprinted as amended and recommitted to said committee
 
        AN  ACT  to  amend the criminal procedure law, the executive law and the
          civil practice law and rules, in relation to  protection  of  abortion
          service providers
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The criminal procedure law  is  amended  by  adding  a  new
     2  section 570.17 to read as follows:
     3  § 570.17 Extradition of abortion providers.
     4    No  demand  for  the extradition of a person charged with providing an
     5  abortion shall be  recognized  by  the  governor  unless  the  executive
     6  authority  of  the  demanding  state  shall  allege  in writing that the
     7  accused was present in the demanding state at the time of the commission
     8  of the alleged crime, and that thereafter he, she or they fled from that
     9  state.
    10    § 2. Section 140.10 of the criminal procedure law is amended by adding
    11  a new subdivision 3-a to read as follows:
    12    3-a. A police officer may not arrest  any  person  for  performing  or
    13  aiding  in  the  performance  of  an  abortion  within this state, or in
    14  procuring an abortion in this state, if the  abortion  is  performed  in
    15  accordance  with  the  provisions of article twenty-five-A of the public
    16  health law or any other applicable law of this state.
    17    § 3. The executive law is amended by adding a  new  section  837-w  to
    18  read as follows:
    19    §  837-w.  Cooperation  with  certain  out-of-state investigations. No
    20  state or local law enforcement agency shall cooperate  with  or  provide
    21  information  to  any  individual  or  out-of-state  agency or department
    22  regarding the provision of a lawful abortion performed  in  this  state.
    23  Nothing in this section shall prohibit the investigation of any criminal
    24  activity in this state which may involve the performance of an abortion,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15704-03-2
        S. 9077--A                          2
 
     1  provided that no information relating to any medical procedure performed
     2  on  a  specific  individual may be shared with an out-of-state agency or
     3  any other individual. Nothing in this section shall prohibit  compliance
     4  with a valid, court-issued subpoena or warrant.
     5    §  4.  Section  3119 of the civil practice law and rules is amended by
     6  adding a new subdivision (g) to read as follows:
     7    (g)  Out-of-state  abortion  proceedings.  Notwithstanding  any  other
     8  provisions  of  this  section or any other law, no court or county clerk
     9  shall issue a subpoena under this section in connection with an  out-of-
    10  state  proceeding  relating to any abortion services or procedures which
    11  were legally performed in this state, unless such out-of-state  proceed-
    12  ing  (1)  sounds  in  tort  or  contract, or is based on statute, (2) is
    13  actionable, in an equivalent or similar manner, under the laws  of  this
    14  state,  and  (3)  was  brought  by the patient who received reproductive
    15  healthcare, or the patient's legal representative.
    16    § 5. Subdivision (e) of section 3102 of the  civil  practice  law  and
    17  rules,  as amended by chapter 29 of the laws of 2010, is amended to read
    18  as follows:
    19    (e) Action pending in another  jurisdiction.  Except  as  provided  in
    20  section  three thousand one hundred nineteen of this article, when under
    21  any mandate, writ or commission issued out of any court of record in any
    22  other state, territory, district or foreign  jurisdiction,  or  whenever
    23  upon  notice  or  agreement,  it  is required to take the testimony of a
    24  witness in the state, he or she may be compelled to appear  and  testify
    25  in  the  same  manner and by the same process as may be employed for the
    26  purpose of taking testimony in actions pending in the state. The supreme
    27  court or a county court shall make  any  appropriate  order  in  aid  of
    28  taking  such  a  deposition;  provided that no order may be issued under
    29  this section in connection with an out-of-state proceeding  relating  to
    30  any abortion services or procedures which were legally performed in this
    31  state,  unless  such  out-of-state  proceeding  (1)  sounds  in  tort or
    32  contract, or is based on statute, (2) is actionable, in an equivalent or
    33  similar manner, under the laws of this state, and (3) was brought by the
    34  patient who received reproductive healthcare,  or  the  patient's  legal
    35  representative.
    36    § 6. Severability. If any provision of this act, or any application of
    37  any  provision of this act, is held to be invalid, that shall not affect
    38  the validity or effectiveness of any other provision of  this  act,  any
    39  other  application  of any provision of this act, or any other provision
    40  of any law or code amended by this act.
    41    § 7. This act shall take effect immediately.