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.