NY State Senate Bill 2023-S7053A

Senate Bill S7053A

2023-2024 Legislative Session

Includes the abduction of a child to avoid treatment for gender dysphoria in the offense of custodial interference in the first degree

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 15, 2024	print number 7053a
Apr 15, 2024	amend and recommit to codes
Jan 03, 2024	referred to codes
May 17, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-S7053 - Details

See Assembly Version of this Bill:: A6660
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §135.50, Pen L

2023-S7053 - Summary

Includes the removal of a child to avoid treatment for gender dysphoria in the offense of custodial interference in the first degree; provides that the provision of gender affirming therapy or care or of sex-reassignment prescriptions or procedures shall not be considered mistreatment or abuse of the child.

2023-S7053 - Sponsor Memo

                                 
BILL NUMBER: S7053

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law, in relation to including the abduction of
a child to avoid treatment for gender dysphoria in the offense of custo-
dial interference in the first degree

 
PURPOSE:

To strengthen the New York State penal law of custodial interference in
the first degree.

 
SUMMARY OF PROVISIONS:

Section 1. Amends penal law § 135.50 to add language prohibiting abduct-
ing a minor child from the state to obtain custody of said minor child
asserting that the minor child has been abused by virtue of the minor
child or a family member is being treated for gender dysphoria or being
given gender affirming care under circumstances which are legal within
the state and adding language that the offer or provision of gender

affirming therapy or care, or of sex-reassignment prescriptions or
procedures to the minor child or their family member shall not be
considered mistreatment or abuse of the minor child.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

LBGTQ+ youth and especially transgender and non-binary children who seek
gender affirming care are under attack. It seems that every day a new
bill aimed at criminalizing gender affirming care is being passed.

Currently in the Florida legislature there is a bill in the legislature,
Florida Senate Bill 254 (SB 254) which would allow the state to take
temporary custody of children who may be receiving gender-affirming care
now or in the future. This amendment to custodial interference in the
first degree provides that the offer or provision of gender affirming
therapy or care, or of sex-reassignment prescriptions or procedures to
the minor child shall not be considered mistreatment or abuse of the
minor child.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S7053 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7053
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to including the abduction of
   a child to avoid treatment for gender  dysphoria  in  the  offense  of
   custodial interference in the first degree

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 135.50 of the penal law, as amended by chapter  785
 of the laws of 1981, is amended to read as follows:
 § 135.50 Custodial interference in the first degree.
   A person is guilty of custodial interference in the first degree when:
   [he commits] 1. THEY COMMIT the crime of custodial interference in the
 second degree:
   [1.] (A) With intent to permanently remove the victim from this state,
 [he removes] THEY REMOVE such person from the state; or
   [2.]  (B)  Under  circumstances which expose the victim to a risk that
 [his] THEIR safety will be endangered or [his] THEIR  health  materially
 impaired[.]; OR
   2.  THEY ABDUCT A MINOR CHILD FROM THE STATE TO OBTAIN CUSTODY OF SAID
 MINOR CHILD ASSERTING THAT THE MINOR CHILD HAS BEEN ABUSED BY VIRTUE  OF
 THE MINOR CHILD BEING TREATED FOR GENDER DYSPHORIA OR BEING GIVEN GENDER
 AFFIRMING CARE UNDER CIRCUMSTANCES WHICH ARE LEGAL WITHIN THE STATE.
   It  shall  be  an affirmative defense to a prosecution under PARAGRAPH
 (A) OF subdivision one of this section that the victim  had  been  aban-
 doned  or  that  the taking was necessary in an emergency to protect the
 victim because [he has] THEY HAVE been subjected to or  threatened  with
 mistreatment  or  abuse.    FOR  THE PURPOSES OF SUBDIVISION TWO OF THIS
 SECTION, THE OFFER OR PROVISION OF GENDER AFFIRMING THERAPY OR CARE,  OR
 OF SEX-REASSIGNMENT PRESCRIPTIONS OR PROCEDURES TO THE MINOR CHILD SHALL
 NOT BE CONSIDERED MISTREATMENT OR ABUSE OF THE MINOR CHILD.
   Custodial interference in the first degree is a class E felony.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10812-02-3

2023-S7053A (ACTIVE) - Details

See Assembly Version of this Bill:: A6660
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Amd §135.50, Pen L

2023-S7053A (ACTIVE) - Summary

2023-S7053A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7053A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the penal law, in relation to including the abduction of
a child to avoid treatment for gender dysphoria in the offense of custo-
dial interference in the first degree

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen the New York State penal law of custodial interference in
the first degree.

 
SUMMARY OF PROVISIONS:

Section 1. Amends penal law 135.50 to add language prohibiting abducing
a minor child from the state to obtain custody of said minor child
asserting that the minor child has been abused by virtue of the minor
child or a family member is being treated for gender dysphoria or being
given gender affirming care under circumstances which are legal within
the state and adding language that the offer or provision of gender

affirming therapy or care, or of sex-reassignment prescriptions or
procedures to the minor child or their family member shall not be
considered mistreatment. or abuse of the minor child.

Section 2. Establishes the effective date.

 
JUSTIFICATION:

LBGTQ+ youth and especially transgender and non-binary children who seek
gender affirming care are under attack. It seems that every day a new
bill aimed at criminalizing gender affirming care is being passed.

Currently in the Florida legislature there is a bill in the legislature,
Florida Senate Bill 254 (SB 254) which would allow the state to take
temporary custody of children who may be receiving gender-affirming care
now or in the future. This amendment to custodial interference in the
first degree provides that the offer or provision of gender affirming
therapy or care, or of sex-reassignment prescriptions or procedures to
the minor child shall not be considered mistreatment or abuse of the
minor child.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This bill shall take effect immediately.

2023-S7053A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7053--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the penal law, in relation to including the abduction of
   a  child  to  avoid  treatment  for gender dysphoria in the offense of
   custodial interference in the first degree
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 135.50 of the penal law, as amended by chapter 785
 of the laws of 1981, is amended to read as follows:
 § 135.50 Custodial interference in the first degree.
   A person is guilty of custodial interference in the first degree when:
   [he commits] 1. THEY COMMIT the crime of custodial interference in the
 second degree:
   [1.] (A) With intent to permanently remove the victim from this state,
 [he removes] THEY REMOVE such person from the state; or
   [2.] (B) Under circumstances which expose the victim to  a  risk  that
 [his]  THEIR  safety will be endangered or [his] THEIR health materially
 impaired[.]; OR
   2. THEY REMOVE A MINOR CHILD FROM THE STATE TO OBTAIN CUSTODY OF  SAID
 MINOR  CHILD ASSERTING THAT THE MINOR CHILD HAS BEEN ABUSED BY VIRTUE OF
 THE MINOR CHILD BEING TREATED FOR GENDER DYSPHORIA OR BEING GIVEN GENDER
 AFFIRMING CARE UNDER CIRCUMSTANCES WHICH ARE LEGAL WITHIN THE STATE.
   It shall be an affirmative defense to a  prosecution  under  PARAGRAPH
 (A)  OF  subdivision  one of this section that the victim had been aban-
 doned or that the taking was necessary in an emergency  to  protect  the
 victim  because  [he has] THEY HAVE been subjected to or threatened with
 mistreatment or abuse.   FOR THE PURPOSES OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  THE OFFER OR PROVISION OF GENDER AFFIRMING THERAPY OR CARE, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10812-04-4

 S. 7053--A                          2
 
 OF SEX-REASSIGNMENT PRESCRIPTIONS OR PROCEDURES TO THE MINOR CHILD SHALL
 NOT BE CONSIDERED MISTREATMENT OR ABUSE OF THE MINOR CHILD.
   Custodial interference in the first degree is a class E felony.
   § 2. This act shall take effect immediately.

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