Bill Text: NY A06660 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-04-05 - print number 6660a [A06660 Detail]

Download: New_York-2023-A06660-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6660

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     April 26, 2023
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee 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:

     1    Section 1. Section 135.50 of the penal law, as amended by chapter  785
     2  of the laws of 1981, is amended to read as follows:
     3  § 135.50 Custodial interference in the first degree.
     4    A person is guilty of custodial interference in the first degree when:
     5    [he commits] 1. they commit the crime of custodial interference in the
     6  second degree:
     7    [1.] (a) With intent to permanently remove the victim from this state,
     8  [he removes] they remove such person from the state; or
     9    [2.]  (b)  Under  circumstances which expose the victim to a risk that
    10  [his] their safety will be endangered or [his] their  health  materially
    11  impaired[.]; or
    12    2.  they abduct a minor child from the state to obtain custody of said
    13  minor child asserting that the minor child has been abused by virtue  of
    14  the minor child being treated for gender dysphoria or being given gender
    15  affirming care under circumstances which are legal within the state.
    16    It  shall  be  an affirmative defense to a prosecution under paragraph
    17  (a) of subdivision one of this section that the victim  had  been  aban-
    18  doned  or  that  the taking was necessary in an emergency to protect the
    19  victim because [he has] they have been subjected to or  threatened  with
    20  mistreatment  or  abuse.    For  the purposes of subdivision two of this
    21  section, the offer or provision of gender affirming therapy or care,  or
    22  of sex-reassignment prescriptions or procedures to the minor child shall
    23  not be considered mistreatment or abuse of the minor child.
    24    Custodial interference in the first degree is a class E felony.
    25    § 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