A09615 Summary:

BILL NOA09615
 
SAME ASSAME AS S08778
 
SPONSORLavine
 
COSPNSRDavila, Dickens, Griffin, Epstein, Simon, Fahy, Thiele, Benedetto, Englebright, Abinanti, Zinerman, Cruz, Stern, Gottfried, Dinowitz, Paulin, Jean-Pierre, Gonzalez-Rojas, Niou, Seawright, Galef, Burgos, Carroll, Hevesi, Otis
 
MLTSPNSR
 
Amd §140.10, CP L; add §837-w, Exec L
 
Provides certain legal protections for providers of legal abortions in this state; prohibits arrest and investigation.
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A09615 Actions:

BILL NOA09615
 
03/28/2022referred to codes
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A09615 Committee Votes:

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A09615 Floor Votes:

There are no votes for this bill in this legislative session.
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A09615 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9615
 
SPONSOR: Lavine
  TITLE OF BILL: An act to amend the criminal procedure law and the executive law, in relation to prohibiting law enforcement from cooperating with out-of- state investigations related to the provision of lawful abortions   PURPOSE: To provide certain legal protections for providers of legal abortions in this state.   SUMMARY OF PROVISIONS: Section 140.10 of the criminal procedure law is amended by adding a new subdivision 3-a. A police officer may not arrest any person for perform- ing or aiding in the performance of an abortion within this state, or in procuring an abortion in this state, if the abortion is performed in accordance with article 25a of the public health law or any other appli- cable law of this state. The executive law is amended by adding a new section 837-w titled Cooperation with certain out-of-state investi- gations. No state or local law enforcement agency shall cooperate with or provide information to any, individual or out-of-state agency or department regarding the provision of a lawful abortion performed in this state.   JUSTIFICATION: 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. Missouri intro- duced this version but has the enforcement go beyond its states borders and is attempting to impose their policy preferences on other states, to stop their citizens from getting abortions anywhere at all. While the country awaits the U.S. Supreme Court decision, other states have attempted to pass laws mirroring the enforcement method in the Texas law. The federal government has so far failed to act decisively 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 law enforcement from cooperating with anti-a- bortion states' investigations regarding abortions that took place legally. The intent of this legislation is to keep law enforcement agen- cies of the provider's home state from becoming a cooperating arm of the antiabortion state's investigating apparatus. While states across the country roll back abortion rights and access, New York continues to pass progressive policies that expand access to reproductive care. This bill is another tool to help New York thwart interstate 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.
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A09615 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9615
 
                   IN ASSEMBLY
 
                                     March 28, 2022
                                       ___________
 
        Introduced by M. of A. LAVINE -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the criminal procedure law and the executive law, in
          relation to prohibiting law enforcement from cooperating with  out-of-
          state investigations related to the provision of lawful abortions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 140.10 of the criminal procedure law is amended  by
     2  adding a new subdivision 3-a to read as follows:
     3    3-a.  A  police  officer  may  not arrest any person for performing or
     4  aiding in the performance of  an  abortion  within  this  state,  or  in
     5  procuring  an  abortion  in  this state, if the abortion is performed in
     6  accordance with the provisions of article twenty-five-A  of  the  public
     7  health law or any other applicable law of this state.
     8    §  2.  The  executive  law is amended by adding a new section 837-w to
     9  read as follows:
    10    § 837-w. Cooperation  with  certain  out-of-state  investigations.  No
    11  state  or  local  law enforcement agency shall cooperate with or provide
    12  information to any  individual  or  out-of-state  agency  or  department
    13  regarding  the  provision  of a lawful abortion performed in this state.
    14  Nothing in this section shall prohibit the investigation of any criminal
    15  activity in this state which may involve the performance of an abortion,
    16  provided  that  no  information  relating  to  any    medical  procedure
    17  performed  on  a  specific individual may be shared with an out-of-state
    18  agency or any other individual.
    19    § 3. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15129-01-2
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