Bill Text: NY S05881 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to access to reproductive services.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO RULES [S05881 Detail]

Download: New_York-2013-S05881-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5881
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 18, 2013
                                      ___________
       Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
         and ordered printed, and when printed to be committed to the Committee
         on Rules
       AN ACT to amend the public health law, in relation to access  to  repro-
         ductive services
         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  4166 to read as follows:
    3    S  4166.  ACCESS  TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A
    4  WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED  STATES
    5  SUPREME  COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH-
    6  STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S  RIGHT  TO
    7  TERMINATE  A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER
    8  PREGNANCY, OR WHEN NECESSARY TO PROTECT A  WOMAN'S  LIFE  OR  HEALTH  AS
    9  DETERMINED BY A LICENSED PHYSICIAN.
   10    NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI-
   11  CABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION  PERMITTING A HEALTH CARE
   12  PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI-
   13  GIOUS OR MORAL BELIEFS.
   14    NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION
   15  BAN CODIFIED UNDER 18 USC SECTION 1531.
   16    NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER  THE
   17  PENAL  LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU-
   18  ANT TO THIS SECTION OR BY  THIS CHAPTER AND THE EDUCATION LAW.
   19    SUBDIVISIONS TWO AND THREE  OF  SECTION  125.05,  SUBDIVISION  TWO  OF
   20  SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40,
   21  125.45,  125.50,  125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED
   22  TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION.
   23    S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
   24  sion, section or part of this act shall be adjudged by a court of compe-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12060-01-3
       S. 5881                             2
    1  tent jurisdiction to be invalid, such judgment shall not affect,  impair
    2  or invalidate the remainder thereof, but shall be confined in its opera-
    3  tion  to  the  clause, sentence, paragraph, subdivision, section or part
    4  thereof  directly  involved  in  the  controversy in which such judgment
    5  shall have been rendered. It is hereby declared to be the intent of  the
    6  legislature  that  this act would have been enacted even if such invalid
    7  provisions had not been included herein.
    8    S 3. This act shall take effect on the thirtieth day  after  it  shall
    9  have become a law.