Prohibits the extradition of abortion providers unless the demanding state alleges that such person was present in the demanding state at the time of the offense and fled therefrom.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9627
SPONSOR: Lavine
 
TITLE OF BILL:
An act to amend the criminal procedure law, in relation to extradition
of abortion providers
 
PURPOSE:
To prohibit the extradition of abortion providers.
 
SUMMARY OF PROVISIONS:
The criminal procedure law is amended by adding a new section 570.17 to
provide an exception for extradition by the Governor.
 
JUSTIFICATIONS:
This bill creates a statutory exception for the extradition of abortion
providers. The Constitution's extradition clause does not cover extradi-
tion of people who did not "flee justice", meaning a state is not
constitutionally required to extradite an Illinois provider who never
leaves Illinois but mails abortion medication to a Georgia resident in
Georgia. Nonetheless, some states have provisions in their own extradi-
tion laws that obligate the state to extradite accused criminals, even
if they have never been in the other state and thus have not fled. An
abortion-supportive state seeking to fully protect its providers could
exempt them from provisions related to extradition so that the provider
could perform abortions in their home state to out-of-state patients,
whether physically in the provider's home state or by telemedicine to
the patient's home state, without fear of being extradited.
A wave of state anti-abortion legislation is being considered in the
months ahead of the Supreme Court's decision in Dobbs v. Jackson Women's
Health Organization, the case that's expected to severely compromise the
nationwide right to abortion under Roe v. Wade. Some states will go
beyond banning abortion within their borders; they will try to impose
their policy preferences on other states, to stop their citizens from
getting abortions anywhere at all. Given that the federal government has
so far failed to act decisively on this issue, it will be up to abor-
tion-supportive states to determine the future of abortion law and
access.
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 combat state
policies that attempt to ban abortions beyond their borders.
 
LEGISLATIVE HISTORY:
New Bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
9627
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, in relation to extradition
of abortion 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 offense, and that thereafter he, she or they fled from
9 that state.
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15126-01-2