Relates to access to reproductive services

4 Co-sponsors

• David Carlucci
• Terry Gipson
• Jeffrey D. Klein
• David J. Valesky

BILL NUMBER:S5881 REVISED 6/26/13

Title of bill

An act to amend the public health law, in relation to access to reproductive services

Purpose:

This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender. New York State has a proud history and tradition of leading the nation in progressive ideals and reforms This is especially so with respect to women's rights in 1843, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York. From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements, to Audre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist. These New Yorkers have served as role models for not only their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a progressive leader on women's rights. Today, statistics clearly show that women in New York State are not treated equally to men.

The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.

Summary of Bills:

10) Roe v. Wade:

This bill would amend the Public Health Law to protect a woman's right to choose by codifying in state law the federal Supreme Court decision Roe v. Wade. 410 U.S.113 (1973). This bill would allow a woman to terminate her pregnancy within twenty-four weeks of the commencement of her pregnancy, or when necessary to protect a woman's life or health as determined by a licensed physician It would further prohibit any prosecution or proceeding under the Penal Law for any action authorized by this section or permitted by the Public Health Law and Education Law This bill would also repeal Penal L §§ 125.05(2), 125.05(3), 125.15(2), 125.20(3), 125.40, 125.45, 125.50. 125.55, and 125.60 to the extent they are inconsistent with this bill. Finally, it would also make clear that nothing in the amendment shall conflict with any applicable state or federal law or regulation permitting a health came provider to refrain from providing abortions due to the provider's religious or moral beliefs, or with the federal partial birth abortion ban codified in 18 U S C. § 1531.

Existing Law:

This bill would amend the Public Health Law.

Statement in Support:

* Protecting a Woman's Freedom of Choice

This bill aligns State law with existing federal law In Roe v. Wade, 410 U.S. 113 (1973), the United States Supreme Court ruled that the United States Constitution protects a woman's right to terminate her pregnancy when necessary to protect the health and life of the woman New York became one of the first states to provide women the right to choose prior to Roe and therefore did not include elements now protected under federal law. This proposal would not change or alter existing State and federal laws that permit a health care provider or institutions from refraining from providing an abortion for religious or moral beliefs, would not expand the class of individuals who could perform abortions, nor would it alter the current longstanding criminal ban on partial birth abortion. However, it would incorporate the important reproductive rights that women in New York have had since Roe.

Budget Implications:

This bill will have no budget implications for the State.

Effective Date:

This bill would take effect 30 days after enactment.