Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault

Summary

Section 1 outlines the legislative intent.

Section 2 gives this bill the short title: "unborn victims of violence act"

Section 3 adds a new section (120.75) to the Penal Law to make a new definition of "person" applicable to the sections addressing assault in the third degree, assault in the second degree, assault in the first degree, vehicular assault in the second degree, vehicular assault in the first degree, gang assault in the second degree, gang assault in the first degree, and aggravated assault upon a person less than eleven years old. The new definition adds an unborn child at any stage of gestation.

Section 3 also adds a new section (120.80) that, for purposes of Article 120 of the Penal Law, exempts from prosecution individuals performing consensual and justifiable abortions, individuals treating the mother or child medically, and mothers (other than mothers performing self abortions).

Section 4 redefines "homicide" in section 125.00 of the Penal Law to include conduct which causes death to an unborn child at any stage of gestation, to include murder in the first degree, murder in the second degree, vehicular manslaughter in the first degree, and vehicular manslaughter in the second degree.

Section 4 also states for purposes of Article 125.00 of the Penal Law, an exemption from prosecution for individuals performing consensual and justifiable abortions, individuals treating the mother or child medically, and mothers (other than mothers performing self abortions).

Section 5 amends the definition provided by section 125.05 of the Penal Law for "person," when referring to the victim of a homicide, an unborn child at any stage of gestation.

Section 6 This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Justification

The Pregnancy Mortality Surveillance System at the Centers for Disease Control and Prevention found that the pregnancy-associated homicide ratio was 1.7 per 100,000 live births in the United States between 1991 and 1999. Twenty percent of the deaths of pregnant women are caused by homicide making it the leading cause of death among pregnant women outside medical complications.

When murderers knowingly attack pregnant women, they knowingly target more than the mother's life.

The Article of the New York Penal Law that deals with homicide, abortion, and related offenses currently defines "person" as a human being who has been born alive and "homicide" as causing the death of a person or unborn child with which a female has been pregnant for more than twenty-four weeks.

These two definitions have left it impossible for prosecutors and the courts to use the full extent of the law to punish those who viciously and knowingly take the life of an unborn child and/or its mother.

This bill empowers New York's prosecutors to seek justice for those who deliberately attack mothers and murder their unborn children by changing the definitions of "person" and "homicide" to include unborn children at any stage of gestation.

As is outlined in the bill's first section, the intent of this legislation is to close the loophole for killers of unborn children. It is not the intent of this legislation to stifle a woman's right to a consensual abortion or to medical treatment. As such, the bill specifically provides protections for mothers consenting to an abortion and to doctors who treat pregnant women.

If we are to claim that we have a justice system that is truly just, it's paramount that New York State joins the thirty-one states that are now providing protections and justice for pregnant women and their unborn children who are victims of violence.

By enacting this legislation we send a clear message to perpetrators of violence against pregnant women and unborn children that we are serious about protecting New York's mothers.

Legislative history

S.4897 of 2010 - Referred to Codes S.4897 of 2009 - Referred to Codes S.3117 of 2008 - Referred to Codes S.3117 of 2007 - Referred to Codes S.2515A of 2006 - Referred to Codes S.2515 of 2005 - Referred to Codes S.403 of 2004 - Referred to Codes S.403 of 2003 - Passed Senate S.57B of 2002 - Passed Senate

Fiscal implications

None to the state.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.