BILL NUMBER: S8777

SPONSOR: KRUEGER
 
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 than 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.