Bill Text: NY S05251 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 5251

Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO WOMEN'S ISSUES [S05251 Detail]

Download: New_York-2023-S05251-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          5251

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 28, 2023
                                       ___________

        Introduced  by  Sen.  WEIK  --  read twice and ordered printed, 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.
    21    § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    22  as amended by chapter 134 of the laws of 2019, is  amended  to  read  as
    23  follows:
    24    (c)  Class  D violent felony offenses: an attempt to commit any of the
    25  class C felonies set forth in paragraph (b); reckless assault of a child

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07623-01-3

        S. 5251                             2

     1  as defined in section 120.02, assault in the second degree as defined in
     2  section 120.05, assault on a pregnant individual as defined  in  section
     3  120.05-a,  menacing  a  police  officer  or  peace officer as defined in
     4  section  120.18, stalking in the first degree, as defined in subdivision
     5  one of section 120.60, strangulation in the second degree as defined  in
     6  section  121.12, rape in the second degree as defined in section 130.30,
     7  criminal sexual act in the second degree as defined in  section  130.45,
     8  sexual abuse in the first degree as defined in section 130.65, course of
     9  sexual  conduct  against  a  child  in  the  second degree as defined in
    10  section 130.80, aggravated sexual abuse in the third degree  as  defined
    11  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    12  substance as defined in section 130.90, labor trafficking as defined  in
    13  paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
    14  possession of a weapon in the third degree  as  defined  in  subdivision
    15  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    16  a firearm in the third degree as defined in section 265.11, intimidating
    17  a  victim  or witness in the second degree as defined in section 215.16,
    18  soliciting or providing support for an act of terrorism  in  the  second
    19  degree  as defined in section 490.10, and making a terroristic threat as
    20  defined in section 490.20, falsely reporting an incident  in  the  first
    21  degree  as  defined in section 240.60, placing a false bomb or hazardous
    22  substance in the first degree as defined in section  240.62,  placing  a
    23  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    24  transportation facility or enclosed shopping mall as defined in  section
    25  240.63,  aggravated  unpermitted use of indoor pyrotechnics in the first
    26  degree as defined in section 405.18, and criminal manufacture, sale,  or
    27  transport  of  an  undetectable  firearm, rifle or shotgun as defined in
    28  section 265.50.
    29    § 4. This act shall take effect immediately.