Bill Text: NY A04429 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to establishing the born alive abortion survivors' protection act.

Spectrum: Partisan Bill (Republican 20-0)

Status: (Introduced - Dead) 2022-05-10 - held for consideration in health [A04429 Detail]

Download: New_York-2021-A04429-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4429

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred to the
          Committee on Health

        AN ACT to amend the public health law, in relation to  establishing  the
          born alive abortion survivors' protection act

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  2599-bb-1 to read as follows:
     3    §  2599-bb-1.  The  born  alive abortion survivors' protection act. 1.
     4  Any health care practitioner present at the time the child is born alive
     5  during an abortion or attempted abortion procedure shall:
     6    (a) exercise the same degree of professional skill,  care,  and  dili-
     7  gence to preserve the life and health of the child as a reasonably dili-
     8  gent  and  conscientious  health  care  practitioner would render to any
     9  other child born alive at the same gestational age; and
    10    (b) following the exercise of  skill,  care,  and  diligence  required
    11  under  paragraph  (a)  of  this  subdivision, ensure that the child born
    12  alive is immediately transported and admitted to a hospital.
    13    2. A health care practitioner licensed, certified, or authorized under
    14  title eight of the education law, acting within his or her lawful  scope
    15  of  practice, who has knowledge of a failure to comply with the require-
    16  ments of subdivision one of this section shall  immediately  report  the
    17  failure to an appropriate state or federal law enforcement agency, or to
    18  both.
    19    A violation of this subdivision is a class A misdemeanor.
    20    3. An individual that intentionally performs or attempts to perform an
    21  overt act that kills a child born alive described under paragraph (a) of
    22  subdivision one of this section, shall be guilty under section 125.25 or
    23  110.05  of the penal law for intentionally killing or attempting to kill
    24  a human being.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04672-01-1
        A. 4429                             2

     1    4. The mother of a child born alive described under subdivision one of
     2  this section may not be prosecuted for a violation of this  section,  an
     3  attempt  to  violate this section, a conspiracy to violate this section,
     4  or an offense under subdivision two or three of this  section  based  on
     5  such a violation.
     6    5.  If  a  child is born alive and there is a violation of subdivision
     7  one of this section, the mother of the child born alive  upon  whom  the
     8  abortion  was  performed or attempted may, in a civil action against any
     9  person who committed the violation,  obtain  appropriate  relief,  which
    10  shall include:
    11    (a)  actual money damage for all injuries, psychological and physical,
    12  caused by the violation of subdivision one of this section:
    13    (b) statutory damages equal to three times the cost of the abortion or
    14  attempted abortion; and
    15    (c) punitive damages.
    16    6. If judgment is rendered in favor of the  plaintiff  in  any  action
    17  authorized  under  this  section, the court shall also award, as part of
    18  the costs, reasonable attorneys' fees in favor of the plaintiff  against
    19  the defendant. If judgment is rendered in favor of the defendant and the
    20  court  finds  that  the plaintiff's suit was frivolous or brought in bad
    21  faith, then the court shall award, as  part  of  the  costs,  reasonable
    22  attorneys' fees in favor of the defendant against the plaintiff.
    23    7. As used in this section:
    24    (a)  "attempt"  means with respect to an abortion, conduct that, under
    25  the circumstances as the  actor  believes  them  to  be,  constitutes  a
    26  substantial step in a course of conduct planned to culminate in perform-
    27  ing an abortion.
    28    (b)  "born  alive" has the same meaning as defined in section eight of
    29  title one of the United States Code.
    30    § 2. This act shall take effect immediately.