A01748 Summary:
| BILL NO | A01748 |
| SAME AS | SAME AS S02796 |
| SPONSOR | Glick |
| COSPNSR | Gottfried, Lupardo, Mayer, Heastie, Peoples-Stokes, Jaffee, Titus, Simotas, Rosenthal L, O'Donnell, Cahill, Solages, Jenne, Morelle, Abinanti, Arroyo, Barrett, Barron, Bichotte, Blake, Braunstein, Brindisi, Bronson, Buchwald, Carroll, Cook, Cymbrowitz, De La Rosa, DenDekker, Dilan, Dinowitz, D'Urso, Englebright, Fahy, Galef, Gantt, Hevesi, Hooper, Hunter, Hyndman, Jean-Pierre, Jones, Kim, Lavine, Lifton, Magnarelli, Mosley, Nolan, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Rodriguez, Rozic, Seawright, Simon, Skartados, Skoufis, Steck, Stirpe, Thiele, Titone, Wallace, Weinstein, Weprin, Williams, Woerner, Wright, Niou, Ortiz, Espinal, Fernandez |
| MLTSPNSR | Epstein |
| Add Art 25-A §2599-aa, rpld §4164, Pub Health L; rpld §6811 sub 8, Ed L; rpld §§125.40 - 125.60, §125.05 subs 2 & 3, §125.15 sub 2, §125.20 sub 3, amd Art 125 Art Head, §§125.00 & 125.05, Pen L; amd §700.05, CP L; amd §673, County L; amd §4, Judy L | |
| Enacts the reproductive health act; revises provisions of law relating to abortion. | |
A01748 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
TITLE OF BILL: An act to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regard- ing abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relat- ing to abortion PURPOSE OR GENERAL IDEA OF BILL: Relates to access to reproductive services. SUMMARY OF PROVISIONS: Section 1 of the bill establishes the legislative intent. Section 2 of the bill creates a new Article 25-A of the Public Health Law (PHL), which states that an abortion May be performed by a licensed, certified, or authorized practitioner within 24 weeks from the commence- ment of pregnancy, or there is an absence of fetal viability, or at any time when necessary to protect a patient's life or health. Section 3 of the bill repeals § 4164 of the Public Health Law. Section 4 of the bill repeals § 6811 of the Education Law. Section 5 of the bill repeals Penal Law §§ 125.40, 125.45, 125.50, 120.55 and 125.60 and amends the article heading of Article 125. Section 6 of the bill amends Penal Law § 125.00. Section 7 of the bill amends penal law § 125.05. Section 7-a of the bill repeals subdivisions 2 and 3 of § 125.05 of the penal law. Section 8 of the bill repeals subdivision 2 of § 125.15 of the Penal Law. Section 9 of the bill repeals subdivisions (3) and (4) of § 125.20 of the Penal Law. Sections 10, 11, and 12 of the bill make conforming changes by removing references to the crime of abortion in the Criminal Procedure Law, the County Law, and the Judiciary Law. Section 13 sets forth the effective date. JUSTIFICATION: In 1970, New York legalized abortion in some circumstances, thereby recognizing that a woman has a fundamental right to make medical deci- sions about the course of a pregnancy. Three years later, the Supreme Court of the United States issued its landmark decision in (Roe v. Wade), 410 U.S. 113 (1973), holding that this fundamental right is protected by the United States Constitution. During the decades since (Roe v. Wade) was decided, there have been numerous court decisions clarifying the scope of the right to abortion but, unfortunately, New York's laws have remained outdated. Further- more, it is clear that some provisions of New York law are unconstitu- tional and have proved burdensome to women seeking to assert their constitutionally protected right to an abortion. This bill updates New York's abortion statutes to address constitutional flaws in our laws and recognize a woman's fundamental right to access safe, legal abortion. LEGISLATIVE HISTORY: This is a new bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.