NY State Senate Bill 2023-S1351

Senate Bill S1351

Signed By Governor

2023-2024 Legislative Session

Relates to legal protections against the arrest and extradition of abortion service providers

download bill text pdf

Current Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2023	signed chap.101 delivered to governor
Feb 13, 2023	returned to senate passed assembly ordered to third reading rules cal.52 substituted for a1005
Jan 30, 2023	referred to codes delivered to assembly passed senate
Jan 17, 2023	ordered to third reading cal.119
Jan 11, 2023	referred to rules

Votes

- Jan 30, 2023 - Floor Vote
  S1351
  
  43
  
  Aye
  
  20
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 30, 2023
      
      aye (43)
      
      Bailey
      
      Breslin
      
      Brisport
      
      Brouk
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      May
      
      Mayer
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Webb
      
      Weber
      
      nay (20)
      
      Addabbo Jr.
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Felder
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      Mattera
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Rhoads
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weik
  Jan 17, 2023 - Rules Committee Vote
  S1351
  
  13
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 17, 2023
      
      aye (13)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      Thomas
      
      nay (7)
      
      Gallivan
      
      Griffo
      
      Helming
      
      Lanza
      
      O'Mara
      
      Ortt
      
      Stec
      
      excused (1)
      
      Mayer

2023-S1351 (ACTIVE) - Details

See Assembly Version of this Bill:: A1005
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §§570.17 & 140.10, CP L; amd §837-w, Exec L (as proposed in S.9077-A & A.10372-A)

2023-S1351 (ACTIVE) - Summary

Relates to legal protections against the arrest and extradition of reproductive health service providers who perform services lawfully in the state of New York; prohibits the cooperation with out-of-state investigations related to the performance or aiding in the performance of an abortion performed within the state of New York.

2023-S1351 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1351

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the criminal procedure law and the executive law, in
relation to protections against the arrest and extradition of abortion
providers

 
PURPOSE:

This is a chapter amendment to L.2022, ch.219, to clarify and expand
provisions in the underlying chapter that shield New Yorkers from civil
and criminal consequences for abortions that are lawfully performed in
New York State.

 
SUMMARY OF PROVISIONS:

Section 1 expands the scope of the underlying chapter's anti-extradition
protections. The underlying chapter applied to abortion. This chapter
amendment applies to any criminal liability related to reproductive
healthcare services lawfully performed in New York State.

Section 2 prohibits New York police from arresting anyone who partic-
ipates directly or indirectly in an abortion that is lawfully performed
in New York State.

Section 3 prohibits New York law enforcement authorities from cooperat-
ing with out-of-state investigations related to direct or indirect
participation in an abortion that is lawfully performed in New York
State.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

This legislation is a negotiated change to the underlying chapter.

 
LEGISLATIVE HISTORY:

Chapter amendment to Chapter 219 of the Laws of 2022. S.9077-A and
A.10372-A passed the Senate and Assembly, respectively, in May 2022.

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2022 amending the criminal procedure law, the
executive law and the civil practice law and rules relating to
protection of abortion service providers, as proposed in legislative
bills numbers S.9077-A and A.10372-A, takes effect.

2023-S1351 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1351
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law and  the  executive  law,  in
   relation to protections against the arrest and extradition of abortion
   providers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 570.17 of the criminal procedure law, as added by a
 chapter of the laws of 2022 amending the  criminal  procedure  law,  the
 executive  law  and  the  civil  practice  law  and  rules  relating  to
 protection of abortion service providers,  as  proposed  in  legislative
 bills numbers S. 9077-A and A. 10372-A, is amended to read as follows:
 § 570.17 Extradition of abortion providers.
   No  demand  for the extradition of a person [charged with providing an
 abortion] SUBJECT TO CRIMINAL LIABILITY THAT IS  IN  WHOLE  OR  IN  PART
 BASED ON THE ALLEGED PROVISION OR RECEIPT OF, ASSISTANCE IN PROVISION OR
 RECEIPT  OF,  MATERIAL  SUPPORT  FOR, OR ANY THEORY OF VICARIOUS, JOINT,
 SEVERAL OR CONSPIRACY LIABILITY FOR REPRODUCTIVE  HEALTH  CARE  SERVICES
 LAWFULLY  PERFORMED  IN  NEW  YORK  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. Subdivision 3-a of section 140.10 of the criminal procedure law,
 as added by a chapter of the laws of 2022 amending the  criminal  proce-
 dure  law, the executive law and the civil practice law and rules relat-
 ing to protection of abortion service providers, as proposed in legisla-
 tive bills numbers S. 9077-A and A.  10372-A,  is  amended  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[,]  THAT  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03942-01-3

 S. 1351                             2
 
 PERFORMED IN ACCORDANCE WITH THE APPLICABLE LAW OF THIS STATE, FOR SEEK-
 ING TO END, OR ENDING, OR AIDING ANOTHER IN ENDING THEIR PREGNANCY WITH-
 IN  THIS STATE, or [in] FOR procuring OR AIDING IN THE PROCUREMENT OF an
 abortion  [in]  WITHIN  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. Section 837-w of the executive law, as added by a chapter of the
 laws of 2022 amending the criminal procedure law, the executive law  and
 the  civil  practice  law  and  rules relating to protection of abortion
 service providers, as proposed in legislative bills  numbers  S.  9077-A
 and A. 10372-A, is amended 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]  RELATED  TO  THE  PERFORMANCE  OR
 AIDING  IN  THE  PERFORMANCE  OF  AN abortion [performed in] WITHIN this
 state THAT IS PERFORMED IN ACCORDANCE WITH THE APPLICABLE  LAW  OF  THIS
 STATE,  ENDING,  SEEKING TO END, OR AIDING ANOTHER IN ENDING THEIR PREG-
 NANCY WITHIN THIS STATE, OR PROCURING OR AIDING IN THE PROCUREMENT OF AN
 ABORTION WITHIN 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, 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. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2022 amending the criminal procedure
 law, the executive law and the civil practice law and rules relating  to
 protection  of  abortion  service  providers, as proposed in legislative
 bills numbers S. 9077-A and A. 10372-A, takes effect.

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