A09627 Summary:

BILL NOA09627
 
SAME ASSAME AS S08777
 
SPONSORLavine
 
COSPNSRDavila, Dickens, Griffin, Epstein, Simon, Fahy, Thiele, Benedetto, Englebright, Abinanti, Zinerman, Cruz, Stern, Gottfried, Dinowitz, Paulin, Jean-Pierre, Gonzalez-Rojas, Niou, Galef, Carroll, Otis
 
MLTSPNSR
 
Add §570.17, CP L
 
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.
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A09627 Actions:

BILL NOA09627
 
03/28/2022referred to codes
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A09627 Committee Votes:

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A09627 Floor Votes:

There are no votes for this bill in this legislative session.
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A09627 Memo:

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.
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A09627 Text:



 
                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
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