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A06221 Summary:

A06221 Actions:

A06221 Committee Votes:

A06221 Floor Votes:

A06221 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A6221
 
SPONSOR: Glick (MS)

 
TITLE OF BILL:  An act to amend the public health law, in relation to
reproductive services
 
 
PURPOSE OR GENERAL IDEA OF BILL: Relates to access to reproductive
services.
 
 
SUMMARY OF SPECIFIC PROVISIONS: Article 41 of the public health law is
amended by adding a new title 6-A.
 
§ 4166 provides that the state shall not deny a woman's right to obtain
an abortion as established by the United States Supreme Court in the
decision Roe v. Wade, 410 U.S. 113 (1973).
 
§ 2. Effective date.
 
 

JUSTIFICATION: This bill codifies the alignment of State law with
existing federal law. In Roe v. Wade, 410 U.S. 113 (1973), the United
State Supreme Court ruled that the United States Constitution protects a
woman's right to have an abortion prior to fetal viability or when
necessary to protect the health and life of the woman.  Although current
State law does not have all of these protections, this has, in fact and
in law, been the law in New York for over forty years; this proposal
would not change or alter existing State and federal laws that permit a
health care provider or institutions from refraining from providing an
abortion for religious or moral beliefs.  This bill would not expand the
class of individuals who could perform abortions, nor would it alter the
current long-standing criminal ban on partial birth abortion. The bill
simply codifies the reproductive rights that women in New York have had
since Roe.
 
 
LEGISLATIVE HISTORY: New Bill.

 
 
FISCAL IMPLICATIONS: None to the state.
 
 
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

A06221 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6221
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 17, 2015
                                       ___________
 
        Introduced  by  M. of A. GLICK, TITUS, SIMOTAS, HEASTIE, PEOPLES-STOKES,
          JAFFEE, ROSENTHAL, O'DONNELL, CAHILL, SOLAGES, RUSSELL, MORELLE, GOTT-
          FRIED, FARRELL, ABINANTI, ARROYO, AUBRY,  BARRETT,  BARRON,  BICHOTTE,
          BLAKE,  BRAUNSTEIN,  BRENNAN,  BRINDISI, BRONSON, BROOK-KRASNY, CLARK,
          COOK, CYMBROWITZ,  DAVILA,  DenDEKKER,  DINOWITZ,  ENGLEBRIGHT,  FAHY,
          GALEF,   GANTT,   GUNTHER,   HEVESI,  HOOPER,  JEAN-PIERRE,  KAMINSKY,
          KAVANAGH, KIM, LAVINE, LIFTON, LINARES, LUPARDO,  MAGNARELLI,  MARKEY,
          MAYER, MOSLEY, MOYA, NOLAN, ORTIZ, OTIS, PAULIN, PERRY, PERSAUD, PRET-
          LOW, QUART, ROBERTS, ROBINSON, ROZIC, SCARBOROUGH, SCHIMEL, SEAWRIGHT,
          SEPULVEDA,  SILVER,  SIMON, SKARTADOS, SKOUFIS, STECK, THIELE, TITONE,
          WALKER, WEINSTEIN, WEPRIN, WOERNER, WRIGHT, ZEBROWSKI -- read once and
          referred to the Committee on Health
 
        AN ACT to amend the public  health  law,  in  relation  to  reproductive
          services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 41 of the public health law is amended by adding  a
     2  new title 6-A to read as follows:
     3                                 TITLE VI-A
     4                            REPRODUCTIVE SERVICES
     5  Section 4166. Access to reproductive services.
     6    §  4166.  Access  to reproductive services. The state shall not deny a
     7  woman's right to obtain an abortion as established by the United  States
     8  Supreme  Court in the decision Roe v. Wade, 410 U.S.113 (1973). Notwith-
     9  standing any law to the contrary, New York protects a woman's  right  to
    10  terminate  a pregnancy within twenty-four weeks from commencement of her
    11  pregnancy, or when necessary to protect a  woman's  life  or  health  as
    12  determined by a licensed physician.
    13    Nothing in this section shall be construed to conflict with any appli-
    14  cable  state  or  federal  law  or  regulation  permitting a health care
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09920-01-5
        A. 6221                             2
 
     1  provider to refrain from providing abortions due to the provider's reli-
     2  gious or moral beliefs.
     3    Nothing in this section shall conflict with the partial birth abortion
     4  ban codified under 18 USC section 1531.
     5    No  prosecution or proceeding shall be brought or maintained under the
     6  penal law or otherwise for acts that are authorized or permitted  pursu-
     7  ant to this section or by  this chapter and the education law.
     8    Subdivisions  two  and  three  of  section  125.05, subdivision two of
     9  section 125.15, subdivision three of section 125.20 and sections 125.40,
    10  125.45, 125.50, 125.55 and 125.60 of the penal law are  hereby  repealed
    11  to the extent that they are inconsistent with this section.
    12    §  2.  This  act shall take effect on the thirtieth day after it shall
    13  have become a law.