Bill Text: NY A00021 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the reproductive health act; revises provisions of law relating to abortion.

Spectrum: Partisan Bill (Democrat 82-0)

Status: (Introduced) 2019-01-22 - substituted by s240 [A00021 Detail]

Download: New_York-2019-A00021-Introduced.html


                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 -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Health
        IN ASSEMBLY -- Introduced by M. of A. GLICK, HEASTIE --  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:
     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.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05658-02-9

        S. 240                              2                              A. 21
     1    Furthermore, the legislature declares that it is the public policy  of
     2  New  York  State  that every individual possesses a fundamental right of
     3  privacy and equality with respect to their personal  reproductive  deci-
     4  sions and should be able to safely effectuate those decisions, including
     5  by  seeking and obtaining abortion care, free from discrimination in the
     6  provision of health care.
     7    Therefore, it is the intent of the legislature to prevent the enforce-
     8  ment of laws or regulations that are not in furtherance of a  legitimate
     9  state  interest  in  protecting  a  woman's  health that burden abortion
    10  access.
    11    § 2. The public health law is amended by adding a new article 25-A  to
    12  read as follows:
    13                                ARTICLE 25-A
    14                           REPRODUCTIVE HEALTH ACT
    15  Section 2599-aa. Policy and purpose.
    16          2599-bb. Abortion.
    17    §  2599-aa.  Policy and purpose. The legislature finds that comprehen-
    18  sive reproductive health care is a fundamental component of every  indi-
    19  vidual's  health,  privacy  and equality. Therefore, it is the policy of
    20  the state that:
    21    1. Every individual has the fundamental  right  to  choose  or  refuse
    22  contraception or sterilization.
    23    2.  Every individual who becomes pregnant has the fundamental right to
    24  choose to carry the pregnancy to term, to give birth to a child,  or  to
    25  have an abortion, pursuant to this article.
    26    3.  The  state shall not discriminate against, deny, or interfere with
    27  the exercise of the rights set forth in this section in  the  regulation
    28  or provision of benefits, facilities, services or information.
    29    § 2599-bb. Abortion.  1.  A  health care practitioner licensed, certi-
    30  fied, or authorized under title eight of the education law, acting with-
    31  in his or her lawful scope of practice, may perform  an  abortion  when,
    32  according  to  the practitioner's reasonable and good faith professional
    33  judgment based on the facts of the patient's case: the patient is within
    34  twenty-four weeks from the commencement of pregnancy,  or  there  is  an
    35  absence  of fetal viability, or the abortion is necessary to protect the
    36  patient's life or health.
    37    2. This article shall be construed and  applied  consistent  with  and
    38  subject  to  applicable  laws  and applicable and authorized regulations
    39  governing health care procedures.
    40    § 3. Section 4164 of the public health law is REPEALED.
    41    § 4. Subdivision 8 of section 6811 of the education law is REPEALED.
    42    § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of  the  penal
    43  law  are  REPEALED,  and the article heading of article 125 of the penal
    44  law is amended to read as follows:
    45                  HOMICIDE[, ABORTION] AND RELATED OFFENSES
    46    § 6. Section 125.00 of the penal law is amended to read as follows:
    47  § 125.00 Homicide defined.
    48    Homicide means conduct which causes the  death  of  a  person  [or  an
    49  unborn  child  with which a female has been pregnant for more than twen-
    50  ty-four weeks] under circumstances constituting murder, manslaughter  in
    51  the  first  degree,  manslaughter  in  the  second degree, or criminally
    52  negligent homicide[, abortion in the first degree  or  self-abortion  in
    53  the first degree].
    54    §  7.  The  section  heading,  opening  paragraph and subdivision 1 of
    55  section 125.05 of the penal law are amended to read as follows:

        S. 240                              3                              A. 21
     1    Homicide[, abortion] and  related  offenses;  [definitions  of  terms]
     2  definition.
     3    The following [definitions are] definition is applicable to this arti-
     4  cle:
     5    [1.]  "Person,"  when  referring  to the victim of a homicide, means a
     6  human being who has been born and is alive.
     7    § 7-a. Subdivisions 2 and 3 of section 125.05 of  the  penal  law  are
     8  REPEALED.
     9    § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.
    10    § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
    11    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
    12  procedure law, as amended by chapter 189 of the laws of 2018, is amended
    13  to read as follows:
    14    (b)  Any  of  the  following felonies: assault in the second degree as
    15  defined in section 120.05 of the penal law, assault in the first  degree
    16  as  defined in section 120.10 of the penal law, reckless endangerment in
    17  the first degree as defined in section 120.25 of the penal law,  promot-
    18  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    19  strangulation in the second degree as defined in section 121.12  of  the
    20  penal  law,  strangulation  in  the  first  degree as defined in section
    21  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    22  section  125.10  of  the penal law, manslaughter in the second degree as
    23  defined in section 125.15 of the penal law, manslaughter  in  the  first
    24  degree  as  defined  in  section  125.20 of the penal law, murder in the
    25  second degree as defined in section 125.25 of the penal law,  murder  in
    26  the  first  degree  as  defined  in  section  125.27  of  the penal law,
    27  [abortion in the second degree as defined in section 125.40 of the penal
    28  law, abortion in the first degree as defined in section  125.45  of  the
    29  penal law,] rape in the third degree as defined in section 130.25 of the
    30  penal law, rape in the second degree as defined in section 130.30 of the
    31  penal  law, rape in the first degree as defined in section 130.35 of the
    32  penal law, criminal sexual act in the third degree as defined in section
    33  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    34  defined  in  section 130.45 of the penal law, criminal sexual act in the
    35  first degree as defined in section 130.50 of the penal law, sexual abuse
    36  in the first degree as defined in  section  130.65  of  the  penal  law,
    37  unlawful  imprisonment  in the first degree as defined in section 135.10
    38  of the penal law, kidnapping in the second degree as defined in  section
    39  135.20  of  the  penal law, kidnapping in the first degree as defined in
    40  section 135.25 of the penal law, labor trafficking as defined in section
    41  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    42  section  135.37  of  the  penal law, custodial interference in the first
    43  degree as defined in section 135.50 of the penal law,  coercion  in  the
    44  first  degree  as  defined  in section 135.65 of the penal law, criminal
    45  trespass in the first degree as defined in section 140.17 of  the  penal
    46  law,  burglary  in  the third degree as defined in section 140.20 of the
    47  penal law, burglary in the second degree as defined in section 140.25 of
    48  the penal law, burglary in the first degree as defined in section 140.30
    49  of the penal law, criminal mischief in the third degree  as  defined  in
    50  section  145.05 of the penal law, criminal mischief in the second degree
    51  as defined in section 145.10 of the penal law, criminal mischief in  the
    52  first  degree  as  defined  in section 145.12 of the penal law, criminal
    53  tampering in the first degree as defined in section 145.20 of the  penal
    54  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    55  penal law, arson in the third degree as defined in section 150.10 of the
    56  penal law, arson in the second degree as defined in  section  150.15  of

        S. 240                              4                              A. 21
     1  the penal law, arson in the first degree as defined in section 150.20 of
     2  the  penal law, grand larceny in the fourth degree as defined in section
     3  155.30 of the penal law, grand larceny in the third degree as defined in
     4  section  155.35  of the penal law, grand larceny in the second degree as
     5  defined in section 155.40 of the penal law, grand larceny in  the  first
     6  degree  as defined in section 155.42 of the penal law, health care fraud
     7  in the fourth degree as defined in section  177.10  of  the  penal  law,
     8  health  care  fraud  in the third degree as defined in section 177.15 of
     9  the penal law, health care fraud in the  second  degree  as  defined  in
    10  section  177.20  of the penal law, health care fraud in the first degree
    11  as defined in section 177.25 of the penal  law,  robbery  in  the  third
    12  degree  as  defined  in  section 160.05 of the penal law, robbery in the
    13  second degree as defined in section 160.10 of the penal law, robbery  in
    14  the first degree as defined in section 160.15 of the penal law, unlawful
    15  use  of  secret  scientific material as defined in section 165.07 of the
    16  penal law, criminal possession of stolen property in the  fourth  degree
    17  as  defined  in  section 165.45 of the penal law, criminal possession of
    18  stolen property in the third degree as defined in section 165.50 of  the
    19  penal  law,  criminal possession of stolen property in the second degree
    20  as defined by section 165.52 of the penal law,  criminal  possession  of
    21  stolen  property in the first degree as defined by section 165.54 of the
    22  penal law, trademark counterfeiting in the second degree as  defined  in
    23  section  165.72  of the penal law, trademark counterfeiting in the first
    24  degree as defined in section 165.73 of the penal  law,  forgery  in  the
    25  second  degree as defined in section 170.10 of the penal law, forgery in
    26  the first degree as defined in section 170.15 of the penal law, criminal
    27  possession of a forged instrument in the second  degree  as  defined  in
    28  section 170.25 of the penal law, criminal possession of a forged instru-
    29  ment  in the first degree as defined in section 170.30 of the penal law,
    30  criminal possession of forgery devices as defined in section  170.40  of
    31  the  penal  law,  falsifying  business  records  in  the first degree as
    32  defined in section 175.10  of  the  penal  law,  tampering  with  public
    33  records  in  the  first degree as defined in section 175.25 of the penal
    34  law, offering a false instrument for  filing  in  the  first  degree  as
    35  defined  in section 175.35 of the penal law, issuing a false certificate
    36  as defined in section 175.40 of the penal  law,  criminal  diversion  of
    37  prescription  medications  and  prescriptions  in  the  second degree as
    38  defined in section 178.20  of  the  penal  law,  criminal  diversion  of
    39  prescription  medications  and  prescriptions  in  the  first  degree as
    40  defined in section 178.25 of the penal law, residential  mortgage  fraud
    41  in  the  fourth  degree  as  defined in section 187.10 of the penal law,
    42  residential mortgage fraud in the third degree  as  defined  in  section
    43  187.15 of the penal law, residential mortgage fraud in the second degree
    44  as  defined  in  section  187.20  of the penal law, residential mortgage
    45  fraud in the first degree as defined in section 187.25 of the penal law,
    46  escape in the second degree as defined in section 205.10  of  the  penal
    47  law,  escape  in  the  first  degree as defined in section 205.15 of the
    48  penal law, absconding from temporary release  in  the  first  degree  as
    49  defined  in section 205.17 of the penal law, promoting prison contraband
    50  in the first degree as defined in  section  205.25  of  the  penal  law,
    51  hindering  prosecution in the second degree as defined in section 205.60
    52  of the penal law, hindering prosecution in the first degree  as  defined
    53  in  section  205.65  of  the  penal  law,  sex trafficking as defined in
    54  section 230.34 of the penal law, sex trafficking of a child  as  defined
    55  in section 230.34-a of the penal law, criminal possession of a weapon in
    56  the  third  degree  as  defined  in  subdivisions two, three and five of

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