NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9613
SPONSOR: Lavine TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to certain
out-of-state subpoenas relating to abortion lawsuits
PURPOSE:
To prohibit courts and county clerks from issuing subpoenas in
connection with out-of-state abortion proceedings. . Summary of
Provisions: Section 3119 of the civil practice law and rules is amended
by adding a new subdivision (g) to prohibit courts and county clerks
from issuing subpoenas in connection with out-of-state abortion
proceedings which were legally performed in this state.
JUSTIFICATION:
Legislatures around the country are voting on a variety of abortion
restrictions, many of them not in line with the protections that have
existed since Roe v. Wade was decided 49 years ago. The U.S. Supreme
Court is expected to decide by June whether to overturn its 1973 Roe v.
Wade decision legalizing abortion. Currently, 16 states have abortion
bans in statute. Texas enforces its bans via civil lawsuits, empowering
private citizens to sue anyone who has helped "aid or abet" the
provision of an abortion after six weeks. The Texas enforcement goes
beyond its states borders and is attempting to impose their policy pref-
erences on other states, to stop their citizens from getting abortions
anywhere at all. The federal government has so far failed to act deci-
sively on this issue, leaving it up to states that support reproductive
health care to determine the future of abortion law and access.
This bill would prohibit courts from cooperating with out-of-state civil
and criminal cases that stem from abortions that took place legally
within their borders. Most states have enacted some form of the Uniform
Interstate Depositions and Discovery Act which simplifies the process
for litigants to take depositions and engage in discovery with people
from another state. New York could protect their providers from anti-a-
bortion state investigations by passing a law exempting abortion provid-
ers from the interstate discovery and interstate witness subpoena laws.
As states across the country roll back abortion rights and access, New
York continues to pass progressive policies that expand access to repro-
ductive care. This bill is another tool to help New York thwart inter-
state investigations to combat state policies that attempt to ban
abortions and punish providers beyond their borders.
LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9613
IN ASSEMBLY
March 28, 2022
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to certain
out-of-state subpoenas relating to abortion lawsuits
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3119 of the civil practice law and rules is amended
2 by adding a new subdivision (g) to read as follows:
3 (g) Out-of-state abortion proceedings. Notwithstanding any other
4 provisions of this section or any other law, no court or county clerk
5 shall issue a subpoena under this section in connection with an out-of-
6 state proceeding relating to any abortion services or procedures which
7 were legally performed in this state.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15135-01-2
