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.