STATE OF NEW YORK ________________________________________________________________________ S. 240 A. 21 2019-2020 Regular Sessions SENATE - ASSEMBLY (Prefiled) January 9, 2019 ___________ IN SENATE -- Introduced by Sens. KRUEGER, STEWART-COUSINS, BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KENNEDY, LIU, MARTINEZ, MAY, MAYER, METZGER, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Health IN ASSEMBLY -- Introduced by M. of A. GLICK, GOTTFRIED, LUPARDO, HEAST- IE, PEOPLES-STOKES, JAFFEE, TITUS, SIMOTAS, L. ROSENTHAL, O'DONNELL, CAHILL, SOLAGES, ABINANTI, ARROYO, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRONSON, BUCHWALD, CARROLL, COOK, CYMBROWITZ, DE LA ROSA, DenDEKKER, DILAN, DINOWITZ, D'URSO, ENGLEBRIGHT, FAHY, GALEF, GANTT, HEVESI, HUNTER, HYNDMAN, JEAN-PIERRE, JONES, KIM, LAVINE, LIFTON, MAGNARELLI, MOSLEY, NOLAN, OTIS, PAULIN, PERRY, PHEFFER AMATO, PICHAR- DO, PRETLOW, QUART, RODRIGUEZ, ROZIC, SEAWRIGHT, SIMON, STECK, STIRPE, THIELE, WALLACE, WEINSTEIN, WEPRIN, WILLIAMS, WOERNER, WRIGHT, NIOU, ORTIZ, FERNANDEZ, GRIFFIN -- Multi-Sponsored by -- M. of A. EPSTEIN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regarding abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. SA LBD05658-02-9

S. 240 2 A. 21 1 Section 1. Legislative intent. The legislature finds that comprehen- 2 sive reproductive health care, including contraception and abortion, is 3 a fundamental component of a woman's health, privacy and equality. The 4 New York Constitution and United States Constitution protect a woman's 5 fundamental right to access safe, legal abortion, courts have repeatedly 6 reaffirmed this right and further emphasized that states may not place 7 undue burdens on women seeking to access such right. 8 Moreover, the legislature finds, as with other medical procedures, the 9 safety of abortion is furthered by evidence-based practices developed 10 and supported by medical professionals. Abortion is one of the safest 11 medical procedures performed in the United States; the goal of medical 12 regulation should be to improve the quality and availability of health 13 care services. 14 Furthermore, the legislature declares that it is the public policy of 15 New York State that every individual possesses a fundamental right of 16 privacy and equality with respect to their personal reproductive deci- 17 sions and should be able to safely effectuate those decisions, including 18 by seeking and obtaining abortion care, free from discrimination in the 19 provision of health care. 20 Therefore, it is the intent of the legislature to prevent the enforce- 21 ment of laws or regulations that are not in furtherance of a legitimate 22 state interest in protecting a woman's health that burden abortion 23 access. 24 § 2. The public health law is amended by adding a new article 25-A to 25 read as follows: 26 ARTICLE 25-A 27 REPRODUCTIVE HEALTH ACT 28 Section 2599-aa. Policy and purpose. 29 2599-bb. Abortion. 30 § 2599-aa. Policy and purpose. The legislature finds that comprehen- 31 sive reproductive health care is a fundamental component of every indi- 32 vidual's health, privacy and equality. Therefore, it is the policy of 33 the state that: 34 1. Every individual has the fundamental right to choose or refuse 35 contraception or sterilization. 36 2. Every individual who becomes pregnant has the fundamental right to 37 choose to carry the pregnancy to term, to give birth to a child, or to 38 have an abortion, pursuant to this article. 39 3. The state shall not discriminate against, deny, or interfere with 40 the exercise of the rights set forth in this section in the regulation 41 or provision of benefits, facilities, services or information. 42 § 2599-bb. Abortion. 1. A health care practitioner licensed, certi- 43 fied, or authorized under title eight of the education law, acting with- 44 in his or her lawful scope of practice, may perform an abortion when, 45 according to the practitioner's reasonable and good faith professional 46 judgment based on the facts of the patient's case: the patient is within 47 twenty-four weeks from the commencement of pregnancy, or there is an 48 absence of fetal viability, or the abortion is necessary to protect the 49 patient's life or health. 50 2. This article shall be construed and applied consistent with and 51 subject to applicable laws and applicable and authorized regulations 52 governing health care procedures. 53 § 3. Section 4164 of the public health law is REPEALED. 54 § 4. Subdivision 8 of section 6811 of the education law is REPEALED.

S. 240 3 A. 21 1 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 2 law are REPEALED, and the article heading of article 125 of the penal 3 law is amended to read as follows: 4 HOMICIDE[~~, ABORTION~~] AND RELATED OFFENSES 5 § 6. Section 125.00 of the penal law is amended to read as follows: 6 § 125.00 Homicide defined. 7 Homicide means conduct which causes the death of a person [~~or an~~ 8 ~~unborn child with which a female has been pregnant for more than twen-~~ 9 ~~ty-four weeks~~] under circumstances constituting murder, manslaughter in 10 the first degree, manslaughter in the second degree, or criminally 11 negligent homicide[~~, abortion in the first degree or self-abortion in~~ 12 ~~the first degree~~]. 13 § 7. The section heading, opening paragraph and subdivision 1 of 14 section 125.05 of the penal law are amended to read as follows: 15 Homicide[~~, abortion~~] and related offenses; [~~definitions of terms~~] 16 definition. 17 The following [~~definitions are~~] definition is applicable to this arti- 18 cle: 19 [1.] "Person," when referring to the victim of a homicide, means a 20 human being who has been born and is alive. 21 § 7-a. Subdivisions 2 and 3 of section 125.05 of the penal law are 22 REPEALED. 23 § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED. 24 § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED. 25 § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 26 procedure law, as amended by chapter 189 of the laws of 2018, is amended 27 to read as follows: 28 (b) Any of the following felonies: assault in the second degree as 29 defined in section 120.05 of the penal law, assault in the first degree 30 as defined in section 120.10 of the penal law, reckless endangerment in 31 the first degree as defined in section 120.25 of the penal law, promot- 32 ing a suicide attempt as defined in section 120.30 of the penal law, 33 strangulation in the second degree as defined in section 121.12 of the 34 penal law, strangulation in the first degree as defined in section 35 121.13 of the penal law, criminally negligent homicide as defined in 36 section 125.10 of the penal law, manslaughter in the second degree as 37 defined in section 125.15 of the penal law, manslaughter in the first 38 degree as defined in section 125.20 of the penal law, murder in the 39 second degree as defined in section 125.25 of the penal law, murder in 40 the first degree as defined in section 125.27 of the penal law, 41 [~~abortion in the second degree as defined in section 125.40 of the penal~~ 42 ~~law, abortion in the first degree as defined in section 125.45 of the~~ 43 ~~penal law,~~] rape in the third degree as defined in section 130.25 of the 44 penal law, rape in the second degree as defined in section 130.30 of the 45 penal law, rape in the first degree as defined in section 130.35 of the 46 penal law, criminal sexual act in the third degree as defined in section 47 130.40 of the penal law, criminal sexual act in the second degree as 48 defined in section 130.45 of the penal law, criminal sexual act in the 49 first degree as defined in section 130.50 of the penal law, sexual abuse 50 in the first degree as defined in section 130.65 of the penal law, 51 unlawful imprisonment in the first degree as defined in section 135.10 52 of the penal law, kidnapping in the second degree as defined in section 53 135.20 of the penal law, kidnapping in the first degree as defined in 54 section 135.25 of the penal law, labor trafficking as defined in section 55 135.35 of the penal law, aggravated labor trafficking as defined in 56 section 135.37 of the penal law, custodial interference in the first

S. 240 4 A. 21 1 degree as defined in section 135.50 of the penal law, coercion in the 2 first degree as defined in section 135.65 of the penal law, criminal 3 trespass in the first degree as defined in section 140.17 of the penal 4 law, burglary in the third degree as defined in section 140.20 of the 5 penal law, burglary in the second degree as defined in section 140.25 of 6 the penal law, burglary in the first degree as defined in section 140.30 7 of the penal law, criminal mischief in the third degree as defined in 8 section 145.05 of the penal law, criminal mischief in the second degree 9 as defined in section 145.10 of the penal law, criminal mischief in the 10 first degree as defined in section 145.12 of the penal law, criminal 11 tampering in the first degree as defined in section 145.20 of the penal 12 law, arson in the fourth degree as defined in section 150.05 of the 13 penal law, arson in the third degree as defined in section 150.10 of the 14 penal law, arson in the second degree as defined in section 150.15 of 15 the penal law, arson in the first degree as defined in section 150.20 of 16 the penal law, grand larceny in the fourth degree as defined in section 17 155.30 of the penal law, grand larceny in the third degree as defined in 18 section 155.35 of the penal law, grand larceny in the second degree as 19 defined in section 155.40 of the penal law, grand larceny in the first 20 degree as defined in section 155.42 of the penal law, health care fraud 21 in the fourth degree as defined in section 177.10 of the penal law, 22 health care fraud in the third degree as defined in section 177.15 of 23 the penal law, health care fraud in the second degree as defined in 24 section 177.20 of the penal law, health care fraud in the first degree 25 as defined in section 177.25 of the penal law, robbery in the third 26 degree as defined in section 160.05 of the penal law, robbery in the 27 second degree as defined in section 160.10 of the penal law, robbery in 28 the first degree as defined in section 160.15 of the penal law, unlawful 29 use of secret scientific material as defined in section 165.07 of the 30 penal law, criminal possession of stolen property in the fourth degree 31 as defined in section 165.45 of the penal law, criminal possession of 32 stolen property in the third degree as defined in section 165.50 of the 33 penal law, criminal possession of stolen property in the second degree 34 as defined by section 165.52 of the penal law, criminal possession of 35 stolen property in the first degree as defined by section 165.54 of the 36 penal law, trademark counterfeiting in the second degree as defined in 37 section 165.72 of the penal law, trademark counterfeiting in the first 38 degree as defined in section 165.73 of the penal law, forgery in the 39 second degree as defined in section 170.10 of the penal law, forgery in 40 the first degree as defined in section 170.15 of the penal law, criminal 41 possession of a forged instrument in the second degree as defined in 42 section 170.25 of the penal law, criminal possession of a forged instru- 43 ment in the first degree as defined in section 170.30 of the penal law, 44 criminal possession of forgery devices as defined in section 170.40 of 45 the penal law, falsifying business records in the first degree as 46 defined in section 175.10 of the penal law, tampering with public 47 records in the first degree as defined in section 175.25 of the penal 48 law, offering a false instrument for filing in the first degree as 49 defined in section 175.35 of the penal law, issuing a false certificate 50 as defined in section 175.40 of the penal law, criminal diversion of 51 prescription medications and prescriptions in the second degree as 52 defined in section 178.20 of the penal law, criminal diversion of 53 prescription medications and prescriptions in the first degree as 54 defined in section 178.25 of the penal law, residential mortgage fraud 55 in the fourth degree as defined in section 187.10 of the penal law, 56 residential mortgage fraud in the third degree as defined in section

S. 240 5 A. 21 1 187.15 of the penal law, residential mortgage fraud in the second degree 2 as defined in section 187.20 of the penal law, residential mortgage 3 fraud in the first degree as defined in section 187.25 of the penal law, 4 escape in the second degree as defined in section 205.10 of the penal 5 law, escape in the first degree as defined in section 205.15 of the 6 penal law, absconding from temporary release in the first degree as 7 defined in section 205.17 of the penal law, promoting prison contraband 8 in the first degree as defined in section 205.25 of the penal law, 9 hindering prosecution in the second degree as defined in section 205.60 10 of the penal law, hindering prosecution in the first degree as defined 11 in section 205.65 of the penal law, sex trafficking as defined in 12 section 230.34 of the penal law, sex trafficking of a child as defined 13 in section 230.34-a of the penal law, criminal possession of a weapon in 14 the third degree as defined in subdivisions two, three and five of 15 section 265.02 of the penal law, criminal possession of a weapon in the 16 second degree as defined in section 265.03 of the penal law, criminal 17 possession of a weapon in the first degree as defined in section 265.04 18 of the penal law, manufacture, transport, disposition and defacement of 19 weapons and dangerous instruments and appliances defined as felonies in 20 subdivisions one, two, and three of section 265.10 of the penal law, 21 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 22 of weapons as defined in subdivision two of section 265.35 of the penal 23 law, relating to firearms and other dangerous weapons, or failure to 24 disclose the origin of a recording in the first degree as defined in 25 section 275.40 of the penal law; 26 § 11. Subdivision 1 of section 673 of the county law, as added by 27 chapter 545 of the laws of 1965, is amended to read as follows: 28 1. A coroner or medical examiner has jurisdiction and authority to 29 investigate the death of every person dying within his county, or whose 30 body is found within the county, which is or appears to be: 31 (a) A violent death, whether by criminal violence, suicide or casual- 32 ty; 33 (b) A death caused by unlawful act or criminal neglect; 34 (c) A death occurring in a suspicious, unusual or unexplained manner; 35 (d) [~~A death caused by suspected criminal abortion;~~ 36 ~~(e)~~] A death while unattended by a physician, so far as can be discov- 37 ered, or where no physician able to certify the cause of death as 38 provided in the public health law and in form as prescribed by the 39 commissioner of health can be found; 40 [~~(f)~~] (e) A death of a person confined in a public institution other 41 than a hospital, infirmary or nursing home. 42 § 12. Section 4 of the judiciary law, as amended by chapter 264 of the 43 laws of 2003, is amended to read as follows: 44 § 4. Sittings of courts to be public. The sittings of every court 45 within this state shall be public, and every citizen may freely attend 46 the same, except that in all proceedings and trials in cases for 47 divorce, seduction, [~~abortion,~~] rape, assault with intent to commit 48 rape, criminal sexual act, bastardy or filiation, the court may, in its 49 discretion, exclude therefrom all persons who are not directly inter- 50 ested therein, excepting jurors, witnesses, and officers of the court. 51 § 13. Severability. If any provision of this act, or any application 52 of any provision of this act, is held to be invalid, that shall not 53 affect the validity or effectiveness of any other provision of this act, 54 or of any other application of any provision of this act, which can be 55 given effect without that provision or application; and to that end, the 56 provisions and applications of this act are severable.

S. 240 6 A. 21 1 § 14. This act shall take effect immediately.

Enacts the reproductive health act; repealer

What's Happening

Why It Matters