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.
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.