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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6660A
SPONSOR: Burdick 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.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This is a new bill.
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.
STATE OF NEW YORK
________________________________________________________________________
6660--A
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 -- recommitted to the Committee on Codes in accordance
with Assembly Rule 3, sec. 2 -- 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:
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 remove 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10812-03-4
A. 6660--A 2
1 of sex-reassignment prescriptions or procedures to the minor child shall
2 not be considered mistreatment or abuse of the minor child.
3 Custodial interference in the first degree is a class E felony.
4 § 2. This act shall take effect immediately.
