S T A T E O F N E W Y O R K
________________________________________________________________________
9077--A
I N S E N A T E
May 6, 2022
___________
Introduced by Sens. KRUEGER, CLEARE, COONEY, GIANARIS, GOUNARDES, HOYL-
MAN, JACKSON, KAPLAN, LIU, MAY, MAYER, RIVERA, SEPULVEDA, THOMAS --
read twice and ordered printed, and when printed to be committed to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, the executive law and the
civil practice law and rules, in relation to protection of abortion
service providers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 570.17 to read as follows:
§ 570.17 EXTRADITION OF ABORTION PROVIDERS.
NO DEMAND FOR THE EXTRADITION OF A PERSON CHARGED WITH PROVIDING AN
ABORTION SHALL BE RECOGNIZED BY THE GOVERNOR UNLESS THE EXECUTIVE
AUTHORITY OF THE DEMANDING STATE SHALL ALLEGE IN WRITING THAT THE
ACCUSED WAS PRESENT IN THE DEMANDING STATE AT THE TIME OF THE COMMISSION
OF THE ALLEGED CRIME, AND THAT THEREAFTER HE, SHE OR THEY FLED FROM THAT
STATE.
§ 2. Section 140.10 of the criminal procedure law is amended by adding
a new subdivision 3-a to read as follows:
3-A. A POLICE OFFICER MAY NOT ARREST ANY PERSON FOR PERFORMING 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 THE PROVISIONS OF ARTICLE TWENTY-FIVE-A OF THE PUBLIC
HEALTH LAW OR ANY OTHER APPLICABLE LAW OF THIS STATE.
§ 3. The executive law is amended by adding a new section 837-w to
read as follows:
§ 837-W. COOPERATION WITH CERTAIN OUT-OF-STATE INVESTIGATIONS. 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.
NOTHING IN THIS SECTION SHALL PROHIBIT THE INVESTIGATION OF ANY CRIMINAL
ACTIVITY IN THIS STATE WHICH MAY INVOLVE THE PERFORMANCE OF AN ABORTION,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15704-03-2
S. 9077--A 2
PROVIDED THAT NO INFORMATION RELATING TO ANY MEDICAL PROCEDURE PERFORMED
ON A SPECIFIC INDIVIDUAL MAY BE SHARED WITH AN OUT-OF-STATE AGENCY OR
ANY OTHER INDIVIDUAL. NOTHING IN THIS SECTION SHALL PROHIBIT COMPLIANCE
WITH A VALID, COURT-ISSUED SUBPOENA OR WARRANT.
§ 4. Section 3119 of the civil practice law and rules is amended by
adding a new subdivision (g) to read as follows:
(G) OUT-OF-STATE ABORTION PROCEEDINGS. NOTWITHSTANDING ANY OTHER
PROVISIONS OF THIS SECTION OR ANY OTHER LAW, NO COURT OR COUNTY CLERK
SHALL ISSUE A SUBPOENA UNDER THIS SECTION IN CONNECTION WITH AN OUT-OF-
STATE PROCEEDING RELATING TO ANY ABORTION SERVICES OR PROCEDURES WHICH
WERE LEGALLY PERFORMED IN THIS STATE, UNLESS SUCH OUT-OF-STATE PROCEED-
ING (1) SOUNDS IN TORT OR CONTRACT, OR IS BASED ON STATUTE, (2) IS
ACTIONABLE, IN AN EQUIVALENT OR SIMILAR MANNER, UNDER THE LAWS OF THIS
STATE, AND (3) WAS BROUGHT BY THE PATIENT WHO RECEIVED REPRODUCTIVE
HEALTHCARE, OR THE PATIENT'S LEGAL REPRESENTATIVE.
§ 5. Subdivision (e) of section 3102 of the civil practice law and
rules, as amended by chapter 29 of the laws of 2010, is amended to read
as follows:
(e) Action pending in another jurisdiction. Except as provided in
section three thousand one hundred nineteen of this article, when under
any mandate, writ or commission issued out of any court of record in any
other state, territory, district or foreign jurisdiction, or whenever
upon notice or agreement, it is required to take the testimony of a
witness in the state, he or she may be compelled to appear and testify
in the same manner and by the same process as may be employed for the
purpose of taking testimony in actions pending in the state. The supreme
court or a county court shall make any appropriate order in aid of
taking such a deposition; PROVIDED THAT NO ORDER MAY BE ISSUED UNDER
THIS SECTION IN CONNECTION WITH AN OUT-OF-STATE PROCEEDING RELATING TO
ANY ABORTION SERVICES OR PROCEDURES WHICH WERE LEGALLY PERFORMED IN THIS
STATE, UNLESS SUCH OUT-OF-STATE PROCEEDING (1) SOUNDS IN TORT OR
CONTRACT, OR IS BASED ON STATUTE, (2) IS ACTIONABLE, IN AN EQUIVALENT OR
SIMILAR MANNER, UNDER THE LAWS OF THIS STATE, AND (3) WAS BROUGHT BY THE
PATIENT WHO RECEIVED REPRODUCTIVE HEALTHCARE, OR THE PATIENT'S LEGAL
REPRESENTATIVE.
§ 6. Severability. If any provision of this act, or any application of
any provision of this act, is held to be invalid, that shall not affect
the validity or effectiveness of any other provision of this act, any
other application of any provision of this act, or any other provision
of any law or code amended by this act.
§ 7. This act shall take effect immediately.
