|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
|Mar 30, 2011||referred to codes|
senate Bill S4347
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4347 - Details
S4347 - Summary
Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault or homicide; also states situations when it does not constitute an assault on an unborn child such as during the course of an otherwise lawful abortion, during normal medical treatment or by the pregnant woman; defines "person" to include any human being who is born and is alive or an unborn child at any stage of gestation.
S4347 - Sponsor Memo
BILL NUMBER:S4347 TITLE OF BILL: An act to amend the penal law, in relation to the unborn victims of violence act PURPOSE: To provide the tools necessary to bring justice to those who commit acts of violence against mothers and their unborn children. SUMMARY: Section 1 outlines the legislative intent. Section 2 gives this bill the short title: "unborn victims of violence act" Section 3 adds a new section (120.75) to the Penal Law to make a new definition of "person" applicable to the sections addressing assault in the third degree, assault in the second degree, assault in the first degree, vehicular assault in the second degree, vehicular assault in the first degree, gang assault in the second degree, gang assault in the first degree, and aggravated assault upon a person less than eleven years old. The new definition adds an unborn child at any stage of gestation. Section 3 also adds a new section (120.80) that, for purposes of
S4347 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4347 2011-2012 Regular Sessions I N S E N A T E March 30, 2011 ___________ Introduced by Sens. RITCHIE, BALL, DIAZ, FARLEY, GOLDEN, JOHNSON, LANZA, LARKIN, LIBOUS, LITTLE, MAZIARZ, YOUNG, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the unborn victims of violence act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. The legislature hereby finds and declares that a significant loophole exists in state law, denying protection to pregnant women and certain children. Currently, an offen- der may not be held criminally responsible for the harm caused to a child unless that child has first been born alive. Therefore, an assai- lant who shoots a woman who is seven months pregnant, and kills both the woman and her child, may only be charged with the homicide of the mother since the infant is not considered a legal victim of the crime. New York state policy lags behind most states in this area of crime victims' protection. Thirty-one states now provide protection and justice for pregnant women and their unborn children who are victims of violence. The legislature further finds and declares that current statistics demonstrate that domestic abuse and violence against women increases during pregnancy. It is estimated that one in five women will be abused during pregnancy. A study in the Journal of the American Medical Asso- ciation found that in the state of Maryland, a pregnant woman is more likely to be a victim of a homicide than to die of any other cause. Thus, rather than pregnancy being a peaceful time of preparation and the growth of a healthy child, for many women it can be a time of violence, grief and loss. Compounding this tragedy is the loophole in current law, which denies effective protection and remedy to women and their children. When a EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04168-01-1
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