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A00021 Summary:

BILL NOA00021
 
SAME ASSAME AS UNI. S00240
 
SPONSORGlick
 
COSPNSRGottfried, Lupardo, Heastie, Peoples-Stokes, Jaffee, Titus, Simotas, Rosenthal L, O'Donnell, Cahill, Solages, Abinanti, Arroyo, Barrett, Barron, Bichotte, Blake, Braunstein, Bronson, Buchwald, Carroll, Cook, Cymbrowitz, De La Rosa, DenDekker, Dilan, Dinowitz, D'Urso, Englebright, Fahy, Galef, Gantt, Hevesi, Hunter, Hyndman, Jean-Pierre, Jones, Kim, Lavine, Lifton, Magnarelli, Mosley, Nolan, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Rodriguez, Rozic, Seawright, Simon, Steck, Stirpe, Thiele, Wallace, Weinstein, Weprin, Williams, Woerner, Wright, Niou, Ortiz, Fernandez, Griffin, Cruz, Frontus, Jacobson, McMahon, Raynor, Romeo, Reyes, Epstein, Fall, Taylor, Zebrowski, Richardson, Vanel, Dickens
 
MLTSPNSR
 
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.
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A00021 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 240                                                     A. 21
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens.  KRUEGER, STEWART-COUSINS, BAILEY,
          BENJAMIN,  BIAGGI,  BRESLIN,  BROOKS,  COMRIE,   GAUGHRAN,   GIANARIS,
          GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KENNEDY, LIU,
          MARTINEZ,  MAY, MAYER, METZGER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA,
          SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, THOMAS --  read
          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Health
 
        IN ASSEMBLY -- Introduced by M. of A. GLICK, GOTTFRIED, LUPARDO,  HEAST-
          IE,  PEOPLES-STOKES,  JAFFEE, TITUS, SIMOTAS, L. ROSENTHAL, O'DONNELL,
          CAHILL, SOLAGES, ABINANTI, ARROYO, BARRETT, BARRON,  BICHOTTE,  BLAKE,
          BRAUNSTEIN,  BRONSON, BUCHWALD, CARROLL, COOK, CYMBROWITZ, DE LA ROSA,
          DenDEKKER, DILAN, DINOWITZ, D'URSO, ENGLEBRIGHT, FAHY,  GALEF,  GANTT,
          HEVESI,  HUNTER,  HYNDMAN,  JEAN-PIERRE,  JONES,  KIM, LAVINE, LIFTON,
          MAGNARELLI, MOSLEY, NOLAN, OTIS, PAULIN, PERRY, PHEFFER AMATO, PICHAR-
          DO, PRETLOW, QUART, RODRIGUEZ, ROZIC, SEAWRIGHT, SIMON, STECK, STIRPE,
          THIELE, WALLACE, WEINSTEIN, WEPRIN, WILLIAMS, WOERNER,  WRIGHT,  NIOU,
          ORTIZ, FERNANDEZ, GRIFFIN -- Multi-Sponsored by -- M. of A. EPSTEIN --
          read once and referred to the Committee on Health
 
        AN  ACT  to  amend  the  public  health law, in relation to enacting the
          reproductive health  act  and  revising  existing  provisions  of  law
          regarding  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 relating to abortion
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        SA                                                         LBD05658-02-9

        S. 240                              2                              A. 21
 
     1    Section  1.  Legislative intent. The legislature finds that comprehen-
     2  sive reproductive health care, including contraception and abortion,  is
     3  a  fundamental  component of a woman's health, privacy and equality. The
     4  New York Constitution and United States Constitution protect  a  woman's
     5  fundamental right to access safe, legal abortion, courts have repeatedly
     6  reaffirmed  this  right and further emphasized that states may not place
     7  undue burdens on women seeking to access such right.
     8    Moreover, the legislature finds, as with other medical procedures, the
     9  safety of abortion is furthered by  evidence-based  practices  developed
    10  and  supported  by  medical professionals. Abortion is one of the safest
    11  medical procedures performed in the United States; the goal  of  medical
    12  regulation  should  be to improve the quality and availability of health
    13  care services.
    14    Furthermore, the legislature declares that it is the public policy  of
    15  New  York  State  that every individual possesses a fundamental right of
    16  privacy and equality with respect to their personal  reproductive  deci-
    17  sions and should be able to safely effectuate those decisions, including
    18  by  seeking and obtaining abortion care, free from discrimination in the
    19  provision of health care.
    20    Therefore, it is the intent of the legislature to prevent the enforce-
    21  ment of laws or regulations that are not in furtherance of a  legitimate
    22  state  interest  in  protecting  a  woman's  health that burden abortion
    23  access.
    24    § 2. The public health law is amended by adding a new article 25-A  to
    25  read as follows:
    26                                ARTICLE 25-A
    27                           REPRODUCTIVE HEALTH ACT
    28  Section 2599-aa. Policy and purpose.
    29          2599-bb. Abortion.
    30    §  2599-aa.  Policy and purpose. The legislature finds that comprehen-
    31  sive reproductive health care is a fundamental component of every  indi-
    32  vidual's  health,  privacy  and equality. Therefore, it is the policy of
    33  the state that:
    34    1. Every individual has the fundamental  right  to  choose  or  refuse
    35  contraception or sterilization.
    36    2.  Every individual who becomes pregnant has the fundamental right to
    37  choose to carry the pregnancy to term, to give birth to a child,  or  to
    38  have an abortion, pursuant to this article.
    39    3.  The  state shall not discriminate against, deny, or interfere with
    40  the exercise of the rights set forth in this section in  the  regulation
    41  or provision of benefits, facilities, services or information.
    42    § 2599-bb. Abortion.  1.  A  health care practitioner licensed, certi-
    43  fied, or authorized under title eight of the education law, acting with-
    44  in his or her lawful scope of practice, may perform  an  abortion  when,
    45  according  to  the practitioner's reasonable and good faith professional
    46  judgment based on the facts of the patient's case: the patient is within
    47  twenty-four weeks from the commencement of pregnancy,  or  there  is  an
    48  absence  of fetal viability, or the abortion is necessary to protect the
    49  patient's life or health.
    50    2. This article shall be construed and  applied  consistent  with  and
    51  subject  to  applicable  laws  and applicable and authorized regulations
    52  governing health care procedures.
    53    § 3. Section 4164 of the public health law is REPEALED.
    54    § 4. Subdivision 8 of section 6811 of the education law is REPEALED.

        S. 240                              3                              A. 21
 
     1    § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of  the  penal
     2  law  are  REPEALED,  and the article heading of article 125 of the penal
     3  law is amended to read as follows:
     4                  HOMICIDE[, ABORTION] AND RELATED OFFENSES
     5    § 6. Section 125.00 of the penal law is amended to read as follows:
     6  § 125.00 Homicide defined.
     7    Homicide  means  conduct  which  causes  the  death of a person [or an
     8  unborn child with which a female has been pregnant for more  than  twen-
     9  ty-four  weeks] under circumstances constituting murder, manslaughter in
    10  the first degree, manslaughter  in  the  second  degree,  or  criminally
    11  negligent  homicide[,  abortion  in the first degree or self-abortion in
    12  the first degree].
    13    § 7. The section heading,  opening  paragraph  and  subdivision  1  of
    14  section 125.05 of the penal law are amended to read as follows:
    15    Homicide[,  abortion]  and  related  offenses;  [definitions of terms]
    16  definition.
    17    The following [definitions are] definition is applicable to this arti-
    18  cle:
    19    [1.] "Person," when referring to the victim of  a  homicide,  means  a
    20  human being who has been born and is alive.
    21    §  7-a.  Subdivisions  2  and 3 of section 125.05 of the penal law are
    22  REPEALED.
    23    § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.
    24    § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
    25    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    26  procedure law, as amended by chapter 189 of the laws of 2018, is amended
    27  to read as follows:
    28    (b) Any of the following felonies: assault in  the  second  degree  as
    29  defined  in section 120.05 of the penal law, assault in the first degree
    30  as defined in section 120.10 of the penal law, reckless endangerment  in
    31  the  first degree as defined in section 120.25 of the penal law, promot-
    32  ing a suicide attempt as defined in section 120.30  of  the  penal  law,
    33  strangulation  in  the second degree as defined in section 121.12 of the
    34  penal law, strangulation in the  first  degree  as  defined  in  section
    35  121.13  of  the  penal  law, criminally negligent homicide as defined in
    36  section 125.10 of the penal law, manslaughter in the  second  degree  as
    37  defined  in  section  125.15 of the penal law, manslaughter in the first
    38  degree as defined in section 125.20 of the  penal  law,  murder  in  the
    39  second  degree  as defined in section 125.25 of the penal law, murder in
    40  the first degree  as  defined  in  section  125.27  of  the  penal  law,
    41  [abortion in the second degree as defined in section 125.40 of the penal
    42  law,  abortion  in  the first degree as defined in section 125.45 of the
    43  penal law,] rape in the third degree as defined in section 130.25 of the
    44  penal law, rape in the second degree as defined in section 130.30 of the
    45  penal law, rape in the first degree as defined in section 130.35 of  the
    46  penal law, criminal sexual act in the third degree as defined in section
    47  130.40  of  the  penal  law, criminal sexual act in the second degree as
    48  defined in section 130.45 of the penal law, criminal sexual act  in  the
    49  first degree as defined in section 130.50 of the penal law, sexual abuse
    50  in  the  first  degree  as  defined  in section 130.65 of the penal law,
    51  unlawful imprisonment in the first degree as defined in  section  135.10
    52  of  the penal law, kidnapping in the second degree as defined in section
    53  135.20 of the penal law, kidnapping in the first degree  as  defined  in
    54  section 135.25 of the penal law, labor trafficking as defined in section
    55  135.35  of  the  penal  law,  aggravated labor trafficking as defined in
    56  section 135.37 of the penal law, custodial  interference  in  the  first

        S. 240                              4                              A. 21
 
     1  degree  as  defined  in section 135.50 of the penal law, coercion in the
     2  first degree as defined in section 135.65 of  the  penal  law,  criminal
     3  trespass  in  the first degree as defined in section 140.17 of the penal
     4  law,  burglary  in  the third degree as defined in section 140.20 of the
     5  penal law, burglary in the second degree as defined in section 140.25 of
     6  the penal law, burglary in the first degree as defined in section 140.30
     7  of the penal law, criminal mischief in the third degree  as  defined  in
     8  section  145.05 of the penal law, criminal mischief in the second degree
     9  as defined in section 145.10 of the penal law, criminal mischief in  the
    10  first  degree  as  defined  in section 145.12 of the penal law, criminal
    11  tampering in the first degree as defined in section 145.20 of the  penal
    12  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    13  penal law, arson in the third degree as defined in section 150.10 of the
    14  penal law, arson in the second degree as defined in  section  150.15  of
    15  the penal law, arson in the first degree as defined in section 150.20 of
    16  the  penal law, grand larceny in the fourth degree as defined in section
    17  155.30 of the penal law, grand larceny in the third degree as defined in
    18  section 155.35 of the penal law, grand larceny in the second  degree  as
    19  defined  in  section 155.40 of the penal law, grand larceny in the first
    20  degree as defined in section 155.42 of the penal law, health care  fraud
    21  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    22  health care fraud in the third degree as defined in  section  177.15  of
    23  the  penal  law,  health  care  fraud in the second degree as defined in
    24  section 177.20 of the penal law, health care fraud in the  first  degree
    25  as  defined  in  section  177.25  of the penal law, robbery in the third
    26  degree as defined in section 160.05 of the penal  law,  robbery  in  the
    27  second  degree as defined in section 160.10 of the penal law, robbery in
    28  the first degree as defined in section 160.15 of the penal law, unlawful
    29  use of secret scientific material as defined in section  165.07  of  the
    30  penal  law,  criminal possession of stolen property in the fourth degree
    31  as defined in section 165.45 of the penal law,  criminal  possession  of
    32  stolen  property in the third degree as defined in section 165.50 of the
    33  penal law, criminal possession of stolen property in the  second  degree
    34  as  defined  by  section 165.52 of the penal law, criminal possession of
    35  stolen property in the first degree as defined by section 165.54 of  the
    36  penal  law,  trademark counterfeiting in the second degree as defined in
    37  section 165.72 of the penal law, trademark counterfeiting in  the  first
    38  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    39  second degree as defined in section 170.10 of the penal law, forgery  in
    40  the first degree as defined in section 170.15 of the penal law, criminal
    41  possession  of  a  forged  instrument in the second degree as defined in
    42  section 170.25 of the penal law, criminal possession of a forged instru-
    43  ment in the first degree as defined in section 170.30 of the penal  law,
    44  criminal  possession  of forgery devices as defined in section 170.40 of
    45  the penal law, falsifying  business  records  in  the  first  degree  as
    46  defined  in  section  175.10  of  the  penal  law, tampering with public
    47  records in the first degree as defined in section 175.25  of  the  penal
    48  law,  offering  a  false  instrument  for  filing in the first degree as
    49  defined in section 175.35 of the penal law, issuing a false  certificate
    50  as  defined  in  section  175.40 of the penal law, criminal diversion of
    51  prescription medications and  prescriptions  in  the  second  degree  as
    52  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    53  prescription medications  and  prescriptions  in  the  first  degree  as
    54  defined  in  section 178.25 of the penal law, residential mortgage fraud
    55  in the fourth degree as defined in section  187.10  of  the  penal  law,
    56  residential  mortgage  fraud  in  the third degree as defined in section

        S. 240                              5                              A. 21
 
     1  187.15 of the penal law, residential mortgage fraud in the second degree
     2  as defined in section 187.20 of  the  penal  law,  residential  mortgage
     3  fraud in the first degree as defined in section 187.25 of the penal law,
     4  escape  in  the  second degree as defined in section 205.10 of the penal
     5  law, escape in the first degree as defined  in  section  205.15  of  the
     6  penal  law,  absconding  from  temporary  release in the first degree as
     7  defined in section 205.17 of the penal law, promoting prison  contraband
     8  in  the  first  degree  as  defined  in section 205.25 of the penal law,
     9  hindering prosecution in the second degree as defined in section  205.60
    10  of  the  penal law, hindering prosecution in the first degree as defined
    11  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    12  section  230.34  of the penal law, sex trafficking of a child as defined
    13  in section 230.34-a of the penal law, criminal possession of a weapon in
    14  the third degree as defined in  subdivisions  two,  three  and  five  of
    15  section  265.02 of the penal law, criminal possession of a weapon in the
    16  second degree as defined in section 265.03 of the  penal  law,  criminal
    17  possession  of a weapon in the first degree as defined in section 265.04
    18  of the penal law, manufacture, transport, disposition and defacement  of
    19  weapons  and dangerous instruments and appliances defined as felonies in
    20  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    21  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    22  of weapons as defined in subdivision two of section 265.35 of the  penal
    23  law,  relating  to  firearms  and other dangerous weapons, or failure to
    24  disclose the origin of a recording in the first  degree  as  defined  in
    25  section 275.40 of the penal law;
    26    §  11.  Subdivision  1  of  section 673 of the county law, as added by
    27  chapter 545 of the laws of 1965, is amended to read as follows:
    28    1. A coroner or medical examiner has  jurisdiction  and  authority  to
    29  investigate  the death of every person dying within his county, or whose
    30  body is found within the county, which is or appears to be:
    31    (a) A violent death, whether by criminal violence, suicide or  casual-
    32  ty;
    33    (b) A death caused by unlawful act or criminal neglect;
    34    (c) A death occurring in a suspicious, unusual or unexplained manner;
    35    (d) [A death caused by suspected criminal abortion;
    36    (e)] A death while unattended by a physician, so far as can be discov-
    37  ered,  or  where  no  physician  able  to  certify the cause of death as
    38  provided in the public health law and  in  form  as  prescribed  by  the
    39  commissioner of health can be found;
    40    [(f)]  (e)  A death of a person confined in a public institution other
    41  than a hospital, infirmary or nursing home.
    42    § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
    43  laws of 2003, is amended to read as follows:
    44    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    45  within  this  state shall be public, and every citizen may freely attend
    46  the same, except that  in  all  proceedings  and  trials  in  cases  for
    47  divorce,  seduction,  [abortion,]  rape,  assault  with intent to commit
    48  rape, criminal sexual act, bastardy or filiation, the court may, in  its
    49  discretion,  exclude  therefrom  all persons who are not directly inter-
    50  ested therein, excepting jurors, witnesses, and officers of the court.
    51    § 13. Severability. If any provision of this act, or  any  application
    52  of  any  provision  of  this  act, is held to be invalid, that shall not
    53  affect the validity or effectiveness of any other provision of this act,
    54  or of any other application of any provision of this act, which  can  be
    55  given effect without that provision or application; and to that end, the
    56  provisions and applications of this act are severable.

        S. 240                              6                              A. 21
 
     1    § 14. This act shall take effect immediately.
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