Bill Text: NY S04712 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the crime of assault on a pregnant individual as a class D felony.

Spectrum: Partisan Bill (Republican 18-0)

Status: (Introduced) 2019-03-21 - REFERRED TO WOMEN'S ISSUES [S04712 Detail]

Download: New_York-2019-S04712-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4712
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 21, 2019
                                       ___________
        Introduced  by Sens. JORDAN, HELMING, AKSHAR, AMEDORE, ANTONACCI, BOYLE,
          FLANAGAN, FUNKE,  GALLIVAN,  GRIFFO,  JACOBS,  LITTLE,  O'MARA,  ORTT,
          RANZENHOFER,  ROBACH, SERINO, TEDISCO -- read twice and ordered print-
          ed, and when printed to be  committed  to  the  Committee  on  Women's
          Issues
        AN  ACT to amend the penal law, in relation to establishing the crime of
          assault on a pregnant individual
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited as the "Liv Act."
     2    §  2.  The penal law is amended by adding new section 120.05-a to read
     3  as follows:
     4  § 120.05-a Assault on a pregnant individual.
     5    A person is guilty of assault on a pregnant individual when he or  she
     6  intentionally  or  knowingly  causes  injury  to an individual he or she
     7  knows or has reason to know is pregnant.
     8    1. For the purposes of this section, "injury" includes  bodily  injury
     9  that results in the termination of a pregnancy.
    10    2. This section shall not apply to acts committed by:
    11    a. a pregnant individual or any person providing treatment relating to
    12  an  abortion  for  which  the  consent  of the pregnant individual, or a
    13  person authorized by law to act on behalf of  the  pregnant  individual,
    14  has been obtained or for which such consent is implied by law; or
    15    b.  any  person providing any medical treatment of a pregnant individ-
    16  ual.
    17    3. This section shall be construed and applied consistent with article
    18  twenty-five of the public health law and applicable laws and regulations
    19  governing health procedures.   Assault on a  pregnant  individual  is  a
    20  class D felony.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08661-01-9

        S. 4712                             2
     1    § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
     2  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
     3  follows:
     4    (c)  Class  D violent felony offenses: an attempt to commit any of the
     5  class C felonies set forth in paragraph (b); reckless assault of a child
     6  as defined in section 120.02, assault in the second degree as defined in
     7  section 120.05, assault on a pregnant individual as defined  in  section
     8  120.05-a,  menacing  a  police  officer  or  peace officer as defined in
     9  section 120.18, stalking in the first degree, as defined in  subdivision
    10  one  of section 120.60, strangulation in the second degree as defined in
    11  section 121.12, rape in the second degree as defined in section  130.30,
    12  criminal  sexual  act in the second degree as defined in section 130.45,
    13  sexual abuse in the first degree as defined in section 130.65, course of
    14  sexual conduct against a child  in  the  second  degree  as  defined  in
    15  section  130.80,  aggravated sexual abuse in the third degree as defined
    16  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    17  substance  as defined in section 130.90, labor trafficking as defined in
    18  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    19  possession  of  a  weapon  in the third degree as defined in subdivision
    20  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    21  a firearm in the third degree as defined in section 265.11, intimidating
    22  a victim or witness in the second degree as defined in  section  215.16,
    23  soliciting  or  providing  support for an act of terrorism in the second
    24  degree as defined in section 490.10, and making a terroristic threat  as
    25  defined  in  section  490.20, falsely reporting an incident in the first
    26  degree as defined in section 240.60, placing a false bomb  or  hazardous
    27  substance  in  the  first degree as defined in section 240.62, placing a
    28  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    29  transportation  facility or enclosed shopping mall as defined in section
    30  240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
    31  first degree as defined in section 405.18.
    32    § 4. This act shall take effect immediately.
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