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Sponsors
Senator · Senate District 40
2 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes a cause of action for damages against a person who attempts or performs a sex selective abortion
In Assembly Committee · Health · Sponsor Marcos Crespo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5033
Title of bill
An act to amend the public health law, in relation to establishing a cause of action for damages against a person who attempts or performs a sex selective abortion
Purpose
This legislation will make it a crime to perform or attempt a sex selective abortion.
Summary of provisions
Section one amends the public health law by adding 230-e to prohibit sex selection abortions.
Section one defines "Abortion" as the intentional use or prescription of any instrument, medicine, drug or other substance or device or method to terminate the life of an unborn child, or to terminate the pregnancy of a women known to be pregnant with an intention other than to produce a live birth and preserve the life and health of the child after live birth, or to remove an ectopic pregnancy, or to remove a dead unborn child who died as the result of natural causes, accidental trauma, or a criminal assault on the pregnant woman.
Section one also defines "attempt to perform an abortion" meaning to do or omit to do anything that, under the circumstances as the actor believes them to be, in an act or omission constituting a substantial step in a course of conduct planned to culminate in an abortion.
Section one defines "Physician" as a doctor of medicine or osteopathy legally authorized to practice medicine in the state.
Section one states no person shall knowingly or recklessly perform or attempt to perform an abortion with knowledge that the pregnant female is seeking the abortion solely on the account of the sex of the unborn child.
Section one gives the grounds for a father of the unborn child, or the grandparent of the unborn child to maintain an action against the person who performed or attempted to perform the abortion. The person who performed or attempted to perform the abortion may be liable in such an action for punitive damages not to exceed ten thousand dollars for damages.
Section one also states a abortion provider who knowingly or recklessly performed or attempted to perform an abortion in violation of this section shall be considered to have engaged in unprofessional conduct for which the certificate or license of the provider or provide health care services in this state shall be suspended or revoked.
Justification
Taking the life of an unborn child simply because of her gender is the ultimate form of discrimination. No nation committed to women's
equality and human dignity can tolerate this shocking, discriminatory disregard for its own children.
Sex-selection abortion is morally and culturally devastating, and it has no place in our state.
Legislative history
New legislation.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.