Provides address confidentiality to protect reproductive health care services providers, employees, volunteers, patients, or immediate family members of reproductive health care services providers.
STATE OF NEW YORK
________________________________________________________________________
9384--A
IN SENATE
May 23, 2022
___________
Introduced by Sens. CLEARE, BIAGGI, COONEY, JACKSON, LIU, MAY, MAYER,
RIVERA -- read twice and ordered printed, and when printed to be
committed to the Committee on Finance -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to address confidentiali-
ty to protect reproductive health care services providers, employees,
volunteers, patients, or immediate family members of reproductive
health care services providers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph and subdivision 3 of section 108 of
2 the executive law, as amended by chapter 141 of the laws of 2019, are
3 amended to read as follows:
4 There is created in the office of the secretary of state a program to
5 be known as the "address confidentiality program" to protect victims of
6 domestic violence, victims of human trafficking, victims of a sexual
7 offense [and], victims of stalking, and reproductive health care
8 services providers, employees, volunteers, patients, or immediate family
9 members of reproductive health care services providers by authorizing
10 the use of designated addresses for such victims and their minor chil-
11 dren. The program shall be administered by the secretary of state.
12 3. Designation of agencies to assist applicants. The secretary shall
13 designate state, local or nonprofit agencies that provide counseling,
14 referral, shelter or other specialized services to victims of domestic
15 violence, victims of human trafficking, victims of a sexual offense
16 [and], victims of stalking, and reproductive health care services
17 providers, employees, volunteers, patients, or immediate family members
18 of reproductive health care services providers to assist persons apply-
19 ing to be program participants. Such persons providing assistance shall
20 be trained by the secretary. Any assistance and counseling rendered by
21 an officer of the secretary or his or her designees to applicants shall
22 in no way be construed as legal advice.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15252-04-2
S. 9384--A 2
1 § 2. Subdivision 1 of section 108 of the executive law is amended by
2 adding three new paragraphs (l), (m) and (n) to read as follows:
3 (l) "Reproductive health care services provider, employee, volunteer,
4 or patient" means a person who obtains, provides, or assists, at the
5 request of another person, in obtaining or providing reproductive health
6 care services, or a person who owns or operates a reproductive health
7 care services facility.
8 (m) "Reproductive health care services facility" includes a hospital,
9 an office operated by a licensed physician and surgeon, a licensed clin-
10 ic, or other licensed health care facility that provides reproductive
11 health care services and includes only the building or structure in
12 which the reproductive health care services are actually provided.
13 (n) "Immediate family member" shall have the same meaning as defined
14 in subdivision eight of section two hundred thirty-eight of the public
15 health law.
16 § 3. Clauses (A), (B) and (C) of subparagraph (i) of paragraph (a) of
17 subdivision 2 of section 108 of the executive law, clauses (A) and (B)
18 as amended by chapter 141 of the laws of 2019 and clause (C) as added by
19 chapter 502 of the laws of 2011, are amended to read as follows:
20 (A) the applicant, or the minor or incapacitated person on whose
21 behalf the application is made, is a victim of domestic violence, victim
22 of human trafficking, victim of a sexual offense, [or] victim of stalk-
23 ing, or a reproductive health care services provider, employee, volun-
24 teer, patient, or an immediate family member of a reproductive health
25 care services provider;
26 (B) the applicant, or the minor or incapacitated person on whose
27 behalf the application is made, has left his or her residence because of
28 such violence or acts, provided, however, this clause shall not apply if
29 the applicant is a reproductive health care services provider, employee,
30 volunteer, patient, or an immediate family member of a reproductive
31 health care services provider;
32 (C) the applicant fears for his or her safety or his or her children's
33 safety, or the safety of the minor or incapacitated person on whose
34 behalf the application is made, or, in the case of a reproductive health
35 care services provider, employee, volunteer, or patient, the applicant
36 fears for his or her safety or the safety of an immediate family member;
37 and
38 § 4. Subparagraph (iv) of paragraph (a) of subdivision 2 of section
39 108 of the executive law, as amended by chapter 141 of the laws of 2019,
40 is amended to read as follows:
41 (iv) the actual address or addresses that the applicant requests not
42 be disclosed because of the increased risk of domestic violence, a sexu-
43 al offense, stalking, [or] physical injury or in the case of reproduc-
44 tive health care services provider, employee, volunteer, patient, or an
45 immediate family member of a reproductive health care services provider,
46 other threats of violence; and
47 § 5. This act shall take effect on the ninetieth day after it shall
48 have become a law.
