New York S 1049: Enacts the "gender identity respect, dignity and safety act"

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S01049 Summary:

BILL NOS01049A

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SAME ASSAME AS A05478-A

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SPONSORSALAZAR

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COSPNSRBRISPORT, BROUK, CLEARE, COMRIE, COONEY, FAHY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM,
 HOYLMAN-SIGAL, JACKSON, KRUEGER, MAY, MYRIE, RAMOS, RIVERA, SEPULVEDA, SERRANO, WEBB, ZELLNER

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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 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 S01049 Actions:

BILL NOS01049A

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01/08/2025REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

12/22/2025AMEND AND RECOMMIT TO CRIME VICTIMS, CRIME AND CORRECTION

12/22/2025PRINT NUMBER 1049A

01/07/2026REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Go to topS01049 Committee&nbspVotes:

Go to topS01049 Floor&nbspVotes:

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

Go to topS01049 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1049--A

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. SALAZAR, BRISPORT, BROUK, CLEARE, COMRIE, COONEY,
 FAHY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HOYLMAN-SIGAL, JACKSON,
 KRUEGER, MAY, MYRIE, RAMOS, RIVERA, SEPULVEDA, SERRANO, WEBB -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Crime Victims, Crime and Correction -- committee
 discharged, bill amended, ordered reprinted as amended and recommitted
 to said committee

 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.
 LBD03026-08-5

 S. 1049--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 gender affirmation, which
 9 includes access to items that are used by individuals to affirm their
 10 gender identity, including those items as