New York A 5478: Enacts the "gender identity respect, dignity and safety act"

Bill Text

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A05478 Summary:

BILL NOA05478A

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SAME ASSAME AS S01049-A

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SPONSORGallagher

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COSPNSRRozic, Gonzalez-Rojas, Simon, Epstein, Bronson, Weprin, Kelles, Seawright, Jackson, Burdick, Glick,
 Forrest, Lupardo, Cruz, Gibbs, Bores, Rosenthal, Simone, Raga, Davila, Reyes, Shimsky, De Los
 Santos, Shrestha, Bichotte Hermelyn, Taylor, Levenberg, Lee, Hevesi, Dinowitz, Tapia, Mamdani,
 Romero, Steck, Meeks, Carroll R, Wright

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MLTSPNSR

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Amd §§137, 500-b & 500-k, add §72-d, Cor L

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Enacts the "gender identity respect, dignity and safety act"; relates to the treatment and placement of incarcerated individuals based upon gender identity; requires that incarcerated individuals in state and local correctional facilities who have a gender identity different from their assigned sex at birth be addressed and have access to commissary items, clothing and other materials that are consistent with the person's gender identity; establishes that incarcerated individuals shall be presumptively placed in a correctional facility with persons of the gender that most closely aligns with such person's self-attested gender identity unless the person opts out of such placement.

Go to top A05478 Actions:

BILL NOA05478A

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02/14/2025referred to correction

01/07/2026referred to correction

01/08/2026amend and recommit to correction

01/08/2026print number 5478a

Go to topA05478 Committee&nbspVotes:

Go to topA05478 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA05478 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5478--A

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 14, 2025
 ___________

 Introduced by M. of A. GALLAGHER, ROZIC, GONZALEZ-ROJAS, SIMON, BRONSON,
 WEPRIN, KELLES, SEAWRIGHT, JACKSON, BURDICK, GLICK, FORREST, LUPARDO,
 CRUZ, GIBBS, BORES, ROSENTHAL, SIMONE, RAGA, DAVILA, REYES, SHIMSKY,
 DE LOS SANTOS, SHRESTHA, BICHOTTE HERMELYN, TAYLOR, LEVENBERG, LEE,
 HEVESI, DINOWITZ, TAPIA, ROMERO, STECK, MEEKS -- read once and
 referred to the Committee on Correction -- committee discharged, bill
 amended, ordered reprinted as amended and recommitted to said commit-
 tee

 AN ACT to amend the correction law, in relation to enacting the "gender
 identity respect, dignity and safety act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "gender identity respect, dignity and safety act".
 3 § 2. Section 137 of the correction law is amended by adding a new
 4 subdivision 7 to read as follows:
 5 7. (a) Any incarcerated individual in a correctional facility or other
 6 institution who has a gender identity that differs from their assigned
 7 sex at birth, who has a diagnosis of gender dysphoria, who has a vari-
 8 ation in their sex characteristics, or who self-identifies as transgen-
 9 der, gender nonconforming, nonbinary, or intersex shall:
 10 (i) be addressed by correctional officers and staff in a manner that
 11 most closely aligns with such person's gender identity, including the
 12 name and pronouns specified by that person. If a person states that, in
 13 order to most closely align with their gender identity, they use a name
 14 that is different from the name listed on their government-issued iden-
 15 tification, they shall be addressed and referred to by their requested
 16 name;
 17 (ii) have access to commissary items, clothing, personal property,
 18 programming and educational materials that most closely align with such
 19 person's gender identity;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03026-09-5

 A. 5478--A 2

 1 (iii) have the right to be searched by a correctional officer or staff
 2 member of the gender most closely aligned with such person's gender
 3 identity, unless the incarcerated individual requests otherwise or under
 4 exigent circumstances;
 5 (iv) have the right to access all necessary and appropriate medical
 6 and mental health care, including routine and preventive medical care
 7 related to their sex characteristics, and affirming medical and mental
 8 health care as related to gender dysphoria or gen