A09818 Summary:

BILL NOA09818A
 
SAME ASSAME AS S09384-A
 
SPONSORPaulin
 
COSPNSRDickens, Gottfried, Cahill, Glick, Epstein, Hevesi, Zinerman, Davila, Englebright, Burdick, Simon, Jackson, Rosenthal L, Zebrowski, Gallagher, Seawright, O'Donnell, Griffin, Dinowitz, Jacobson, Cruz, McMahon, Weprin, Otis, Carroll, Sillitti, Barrett, Fernandez, Lavine, Abinanti
 
MLTSPNSR
 
Amd §108, Exec L
 
Provides address confidentiality to protect reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers.
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A09818 Actions:

BILL NOA09818A
 
04/19/2022referred to governmental operations
05/24/2022reported referred to rules
05/27/2022amend (t) and recommit to rules
05/27/2022print number 9818a
05/31/2022reported
05/31/2022rules report cal.486
05/31/2022substituted by s9384a
 S09384 AMEND=A CLEARE
 05/23/2022REFERRED TO FINANCE
 05/27/2022AMEND (T) AND RECOMMIT TO FINANCE
 05/27/2022PRINT NUMBER 9384A
 05/31/2022COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/31/2022ORDERED TO THIRD READING CAL.1627
 05/31/2022PASSED SENATE
 05/31/2022DELIVERED TO ASSEMBLY
 05/31/2022referred to governmental operations
 05/31/2022substituted for a9818a
 05/31/2022ordered to third reading rules cal.486
 05/31/2022passed assembly
 05/31/2022returned to senate
 06/13/2022DELIVERED TO GOVERNOR
 06/13/2022SIGNED CHAP.222
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A09818 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9818A
 
SPONSOR: Paulin
  TITLE OF BILL: 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   PURPOSE: To allow reproductive health care services providers, employees, volun- teers, patients, or immediate family members of reproductive health care services providers to enroll in the address confidentiality program   SUMMARY OF PROVISIONS: Section 1 provides that reproductive health care services providers, employees, volunteers, patients, or immediate family members of repro- ductive health care services providers are eligible to enroll in the address confidentiality program run by the office of the secretary of state. Section 2 provides definitions. Section 3 incorporates provisions for reproductive health care services providers, employees, volunteers, patients, and their immediate family members into the application process for the address confidentiality program, including that such applicants may apply to the program if they fear for their safety or the safety of an immediate family member, regardless of whether or not they have left their residence. Section 4 provides the effective date.   JUSTIFICATION: New York State's Address Confidentiality Program (ACP) currently allows survivors of certain crimes to keep their addresses confidential and out of public records, so that their abusers cannot locate them. Reproductive health care services providers, employees, volunteers, and patients do not have the ability to enroll in the program but would greatly benefit from the protections afforded by the ACP as they face threats of physical violence by anti-abortion extrem- ists. According to the National Abortion Federation, which tracks threats and violence against abortion providers, targeted threats against providers is escalating. Death threats against providers more than doubled from 92 in 2019 to 200 in 2020.(i) In recognition of this danger, California and New Jersey have recently updated their state address confidentiality programs to protect repro- ductive health care providers and patients. New York should follow suit and allow reproductive health care providers and patients to enroll in the State ACP.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. (i)National Abortion Federation, 2020 Violence and Disruption Statis- tics. Available at   HTTPS://5AALB2XFTNFH2E2M1CO3KK8RSX- WPEN- GINE.NETDNA-SSL.COM/WN-CONTENT/UP LOADS/2020 NAF VD STATS.PDF
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A09818 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9818--A
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  DICKENS,  GOTTFRIED, CAHILL, GLICK,
          EPSTEIN, HEVESI, ZINERMAN, DAVILA, ENGLEBRIGHT, BURDICK, SIMON,  JACK-
          SON,  L. ROSENTHAL,  ZEBROWSKI,  GALLAGHER, SEAWRIGHT -- read once and
          referred to the Committee on Governmental Operations --  reported  and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15078-03-2

        A. 9818--A                          2
 
     1  an  officer of the secretary or his or her designees to applicants shall
     2  in no way be construed as legal advice.
     3    §  2.  Subdivision 1 of section 108 of the executive law is amended by
     4  adding three new paragraphs (l), (m) and (n) to read as follows:
     5    (l) "Reproductive health care services provider, employee,  volunteer,
     6  or  patient"  means  a  person who obtains, provides, or assists, at the
     7  request of another person, in obtaining or providing reproductive health
     8  care services, or a person who owns or operates  a  reproductive  health
     9  care services facility.
    10    (m)  "Reproductive health care services facility" includes a hospital,
    11  an office operated by a licensed physician and surgeon, a licensed clin-
    12  ic, or other licensed health care facility  that  provides  reproductive
    13  health  care  services  and  includes  only the building or structure in
    14  which the reproductive health care services are actually provided.
    15    (n) "Immediate family member" shall have the same meaning  as  defined
    16  in  subdivision  eight of section two hundred thirty-eight of the public
    17  health law.
    18    § 3. Clauses (A), (B) and (C) of subparagraph (i) of paragraph (a)  of
    19  subdivision  2  of section 108 of the executive law, clauses (A) and (B)
    20  as amended by chapter 141 of the laws of 2019 and clause (C) as added by
    21  chapter 502 of the laws of 2011, are amended to read as follows:
    22    (A) the applicant, or the  minor  or  incapacitated  person  on  whose
    23  behalf the application is made, is a victim of domestic violence, victim
    24  of  human trafficking, victim of a sexual offense, [or] victim of stalk-
    25  ing, or a reproductive health care services provider,  employee,  volun-
    26  teer,  patient,  or  an immediate family member of a reproductive health
    27  care services provider;
    28    (B) the applicant, or the  minor  or  incapacitated  person  on  whose
    29  behalf the application is made, has left his or her residence because of
    30  such violence or acts, provided, however, this clause shall not apply if
    31  the applicant is a reproductive health care services provider, employee,
    32  volunteer,  patient,  or  an  immediate  family member of a reproductive
    33  health care services provider;
    34    (C) the applicant fears for his or her safety or his or her children's
    35  safety, or the safety of the minor  or  incapacitated  person  on  whose
    36  behalf the application is made, or, in the case of a reproductive health
    37  care  services  provider, employee, volunteer, or patient, the applicant
    38  fears for his or her safety or the safety of an immediate family member;
    39  and
    40    § 4. Subparagraph (iv) of paragraph (a) of subdivision  2  of  section
    41  108 of the executive law, as amended by chapter 141 of the laws of 2019,
    42  is amended to read as follows:
    43    (iv)  the  actual address or addresses that the applicant requests not
    44  be disclosed because of the increased risk of domestic violence, a sexu-
    45  al offense, stalking, [or] physical injury or in the case  of  reproduc-
    46  tive  health care services provider, employee, volunteer, patient, or an
    47  immediate family member of a reproductive health care services provider,
    48  other threats of violence; and
    49    § 5. This act shall take effect on the ninetieth day  after  it  shall
    50  have become a law.
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A09818 Chamber Video/Transcript:

5-31-22Video (@ 02:26:03)
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