What's happening
This bill requires health care practitioners to provide medical care to infants born alive after an abortion attempt and establishes criminal and civil penalties for noncompliance.
Why it matters
Mandates immediate medical care for infants born alive after attempted abortion. , requiring practitioners to use the same level of care as for any other newborn at the same gestational age, and to promptly transfer the infant to a hospital—this could affect how medical staff respond in rare, high-risk situations and may influence clinical protocols.
Creates new reporting obligations and criminal penalties for noncompliance. Any health care practitioner who is aware of a violation must report it to law enforcement, with failure to do so classified as a class A misdemeanor. This introduces legal risks for practitioners who do not act on knowledge of noncompliance, potentially increasing vigilance and self-reporting within clinics.
Establishes civil liability and damages for violations. , allowing the birthing parent to sue for actual, statutory (triple the abortion cost), and punitive damages if the law is not followed, as well as attorneys’ fees—this could have significant financial and legal consequences for providers and may lead to increased litigation.
Specifies that the birthing parent cannot be prosecuted under this law. , focusing criminal and civil liability solely on health care practitioners and others involved, which may affect how legal responsibility is assigned and potentially ease concerns for patients about personal criminal liability.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Abortion Survivors' Rights
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to health
- Referred to health
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
577
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sens. HELMING, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the born alive abortion survivors' protection act
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2599-b-2 to read as follows:
§ 2599-b-2. The born alive abortion survivors' protection act. 1. Any health care practitioner present at the time the child is born alive during an abortion or attempted abortion procedure shall:
(a) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and
(b) following the exercise of skill, care, and diligence required under paragraph (a) of this subdivision, ensure that the child born alive is immediately transported and admitted to a hospital.
2. A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within the lawful scope of practice, who has knowledge of a failure to comply with the requirements of subdivision one of this section shall immediately report the failure to an appropriate state or federal law enforcement agency, or to both.
A violation of this subdivision is a class A misdemeanor.
3. An individual that intentionally performs or attempts to perform an overt act that kills a child born alive described under paragraph (a) of subdivision one of this section, shall be guilty under section 125.25 or 110.05 of the penal law for intentionally killing or attempting to kill a human being.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01098-01-5
4. The birthing parent of a child born alive described under subdivision one of this section may not be prosecuted for a violation of this section, an attempt to violate this section, a conspiracy to violate this section, or an offense under subdivision two or three of this section based on such a violation.
5. If a child is born alive and there is a violation of subdivision one of this section, the birthing parent of the child born alive upon whom the abortion was performed or attempted may, in a civil action against any person who committed the violation, obtain appropriate relief, which shall include:
(a) actual money damage for all injuries, psychological and physical, caused by the violation of subdivision one of this section;
(b) statutory damages equal to three times the cost of the abortion or attempted abortion; and
(c) punitive damages.
6. If judgment is rendered in favor of the plaintiff in any action authorized under this section, the court shall also award, as part of the costs, reasonable attorneys' fees in favor of the plaintiff against the defendant. If judgment is rendered in favor of the defendant and the court finds that the plaintiff's suit was frivolous or brought in bad faith, then the court shall award, as part of the costs, reasonable attorneys' fees in favor of the defendant against the plaintiff.
7. As used in this section:
(a) "attempt" means with respect to an abortion, conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.
(b) "born alive" has the same meaning as defined in section eight of title one of the United States Code.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to establishing the born alive abortion survivors' protection act
Purpose
This bill would amend the Public Health Law to establish the Born Alive Abortion Survivors' Protection Act.
Summary of provisions
Section 1: Amends the public health law to add a new section 2599-b-2 to establish the born alive abortion survivors' protection act. This section would require any health care practitioner present at the time a child is born alive during an abortion or attempted abortion procedure to exercise the same degree or care to preserve the life and health of the child as a reasonably diligent and conscientious health care practi- tioner would render to any other child born alive at the same gestation- al age, and ensure the child born alive is immediately transported and admitted to the hospital. Additionally, establishes a reporting require- ment on health care practitioners that have knowledge of a failure to comply with these requirements, and establishes any violation of these provisions as a class A misdemeanor. Any individual that intentionally performs or attempts to perform an overact that kills a child born alive shall be of guilty attempted murder or murder in the second degree. These provisions explicitly state that the mother of the child born alive may not be prosecuted for violation of this section, and allow the mother to bring a civil action against any person in violation of these provisions.
Section 2: Establishes the effective date.
Existing law
Chapter 1 of the laws of 2019 enacted the Reproductive Health Act in New York. Section 3 of the bill repealed Public Health Law § 4164 which contained protections for an infant born alive as a result of an abortion. Currently, under New York State law, there are no protections for infants born alive as a result of an abortion procedure.
Justification
On January 22, 2019, New York eradicated all legal protections in law for infants born alive as the result of an abortion procedure. The repeal of these provisions is not only morally reprehensible but also jeopardizes the health and safety of infants throughout New York State,
Section 4130 of the public health law is clear, a "live birth" is defined as "the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of the pregnancy, which, after such separation, breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles each product of such a birth is considered live born." Therefore, an infant born alive as the result of
an abortion procedure deserves the same legal protections as any other infant born in this state.
This legislation re-establishes what should be an undebatable fact, infants born alive are human beings deserving of public protection. For these reasons, the bill reinstates penal law protections where an indi- vidual intentionally performs or attempts to perform an overt act that kills a child born alive as the result of an abortion. New York State has a long history of advocating and protecting those without a voice, and this bill ensures the State's continued commitment to this goal.
Legislative history
2023-2034: S.1696 referred to Health/A.3601 referred to Health
2021-2022: S.2569 referred to Health/A.4429 held in Health
2019-2020: S.5332 referred to Health/A.7816 referred to Health
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.