senate Bill S5881

2013-2014 Legislative Session

Relates to access to reproductive services

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to rules
Jun 18, 2013 referred to rules

Co-Sponsors

S5881 - Bill Details

Current Committee:
Law Section:
Public Health Law
Laws Affected:
Add §4166, Pub Health L

S5881 - Bill Texts

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Relates to access to reproductive services.

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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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5881

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 18, 2013
                               ___________

Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT to amend the public health law, in relation to access  to  repro-
  ductive services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
4166 to read as follows:
  S  4166.  ACCESS  TO REPRODUCTIVE SERVICES. THE STATE SHALL NOT DENY A
WOMAN'S RIGHT TO OBTAIN AN ABORTION AS ESTABLISHED BY THE UNITED  STATES
SUPREME  COURT IN THE DECISION ROE V. WADE, 410 U.S.113 (1973). NOTWITH-
STANDING ANY LAW TO THE CONTRARY, NEW YORK PROTECTS A WOMAN'S  RIGHT  TO
TERMINATE  A PREGNANCY WITHIN TWENTY-FOUR WEEKS FROM COMMENCEMENT OF HER
PREGNANCY, OR WHEN NECESSARY TO PROTECT A  WOMAN'S  LIFE  OR  HEALTH  AS
DETERMINED BY A LICENSED PHYSICIAN.
  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO CONFLICT WITH ANY APPLI-
CABLE  STATE  OR  FEDERAL  LAW  OR  REGULATION  PERMITTING A HEALTH CARE
PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI-
GIOUS OR MORAL BELIEFS.
  NOTHING IN THIS SECTION SHALL CONFLICT WITH THE PARTIAL BIRTH ABORTION
BAN CODIFIED UNDER 18 USC SECTION 1531.
  NO PROSECUTION OR PROCEEDING SHALL BE BROUGHT OR MAINTAINED UNDER  THE
PENAL  LAW OR OTHERWISE FOR ACTS THAT ARE AUTHORIZED OR PERMITTED PURSU-
ANT TO THIS SECTION OR BY  THIS CHAPTER AND THE EDUCATION LAW.
  SUBDIVISIONS TWO AND THREE  OF  SECTION  125.05,  SUBDIVISION  TWO  OF
SECTION 125.15, SUBDIVISION THREE OF SECTION 125.20 AND SECTIONS 125.40,
125.45,  125.50,  125.55 AND 125.60 OF THE PENAL LAW ARE HEREBY REPEALED
TO THE EXTENT THAT THEY ARE INCONSISTENT WITH THIS SECTION.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12060-01-3

S. 5881                             2

tent jurisdiction to be invalid, such judgment shall not affect,  impair
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section or part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

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