BILL NUMBER: S2475B
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the family court act, the executive law, the civil prac-
tice law and rules, the criminal procedure law, the education law, the
public health law and the insurance law, in relation to gender-affirming
care
 
PURPOSE:
Relates to certain prohibitions regarding the legal system and gender
affirming care
 
SUMMARY OF PROVISIONS:
Section 1 adds a new section 659 to the family court act to ensure that
laws of another state that authorize a child to be removed from their
parent or guardian based on the parent or guardian allowing the child to
receive gender affirming care will not be enforced or applied in cases
pending in a court and that no court shall admit or consider findings of
abuse based on gender affirming care.
Section 2 adds a new section to the executive law 837-x that prohibits
state or local law enforcement agencies from cooperating with out-of-
state investigations regarding lawful gender affirming care performed in
the state.
Section 3 adds a new subdivision (h) to section 3119 of the civil prac-
tice law and rules to prohibit courts and county clerks from issuing a
subpoena in connection with an out-of-state proceeding relating to any
gender affirming care which was legally performed, sought, received or
supported in this state.
Section 4 amends subdivision e of section 3102 of the civil practice law
and rules to include gender affirming care.
Section 5 adds a new subdivision 3-b to section 140.10 of the criminal
procedure law to prohibit police officers from arresting any person for
performing or aiding in the procurement of gender affirming care within
the state.
Section 6 adds a new section 570.19 to the criminal procedure law that
prohibits the extradition of gender affirming care providers, seekers,
parents, guardians, and helpers for gender affirming care lawfully
performed in New York.
Section 7 amends subdivision 1 of section 6531-b of the education law to
define gender affirming care.
Section 8 amends subdivision 2 of section 6531-b of the education law to
include gender affirming care.
Section 9 amends subdivision 9-c of section 230 of the public health law
to include gender affirming care.
Section 10 amends section 6505-d of the education law to include gender
affirming care.
Section 11 amends subdivision 1 of section 3436-a of the insurance law
to include gender affirming care.
Section 12 is the effective date.
 
JUSTIFICATION:
Across the country, states are proposing criminal sentences for parents
who allow their kids to receive gender-affirming care and for physicians
who provide it. As of March 2022, some estimates showed that 58,200
transgender youth are at risk of losing access to crucial care because
of these state bans and policies. Research shows that access to gender-
affirming care for transgender young people reduces risk for depression,
psychological distress, and suicidal ideation. Transgender young people
already face extreme barriers when it comes to getting the care they
need, from stigma, to discrimination, systemic hurdles, and lack of
insurance coverage for care.
Criminalizing guardians and physicians who help these young people
receive this critical care makes it even harder. This legislation will
make New York a haven for transgender kids and families whose rights are
under attack nationwide by ensuring that kids cannot be separated from
their parent or guardian for their help in getting their kid gender
affirming care, would prohibit law enforcement from cooperating with
other states' investigations regarding gender affirming care that took
place legally, protects the health information of people who come to New
York to receive gender affirming care, and protects physicians who
provide gender affirming care in New York.
While states across the country criminalize and roll back access to
gender affirming care, New York continues to pass progressive policies
that expand access to gender affirming care. This bill will help New
York combat state policies that attempt to ban gender affirming care and
punish kids, their families, and their providers beyond their borders.
 
LEGISLATIVE HISTORY:
S.8842A of 2021-2022 (Hoylman): Died in Judiciary
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S2475: 3119 civil practice law, 3102 civil practice law, 140.10 criminal procedure law, 6531-b education law, 6531-b(1) education law, 6531-b(2) education law, 230 public health law, 230(9-c) public health law, 6505-d education law, 3436-a insurance law
S2475A: 3119 civil practice law, 3102 civil practice law, 140.10 criminal procedure law, 6531-b education law, 6531-b(1) education law, 6531-b(2) education law, 230 public health law, 230(9-c) public health law, 6505-d education law, 3436-a insurance law
S2475B: 3119 civil practice law, 3102 civil practice law, 140.10 criminal procedure law, 6531-b education law, 6531-b(1) education law, 6531-b(2) education law, 230 public health law, 230(9-c) public health law, 6505-d education law