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

                                  4771

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by  M. of A. CURRAN, FINCH -- Multi-Sponsored by -- M. of A.
  HAWLEY -- read once and referred to the Committee on Health

AN ACT to amend the public health law  and  the  family  court  act,  in
  relation to enacting the "family protection act"

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

  Section 1. This act shall be known and may be  cited  as  the  "family
protection act".
  S 2. Legislative intent. 1. The legislature finds and declares that:
  (a)  it  is  the  intent  of  this legislature by enacting this act to
further the important  and  compelling  state  interests  of  protecting
minors  against their own immaturity, fostering the family structure and
preserving it as a viable social unit, protecting the rights of  parents
to  rear children who are members of their household, and protecting the
health of minor children.
  (b) immature minors often lack  the  ability  to  make  fully-informed
choices  that take account of both immediate and long-range consequences
and that  the  medical,  emotional  and  psychological  consequences  of
abortion  are  serious and can be lasting, particularly when the patient
is immature. The capacity to become pregnant and the capacity for mature
judgment concerning the  wisdom  of  an  abortion  are  not  necessarily
related.  Parents  ordinarily  possess information essential to a physi-
cian's exercise of his best medical judgment concerning the  child  and,
further,  parents  who  are  aware  that their minor daughter has had an
abortion may better ensure that she receives adequate medical  attention
after  her  abortion.  The  legislature  concludes  then, that, parental
consultation is usually desirable and in the best interest of the minor.
  (c) it is essential to the psychological and physical well-being of  a
female  considering  an  abortion that she receive complete and accurate
information on her alternatives. The knowledgeable exercise of a woman's
decision to have an abortion depends on the extent to which  the  female

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08172-01-5
              

A. 4771                             2

receives  sufficient  information to make an informed choice between two
alternatives: giving birth or having an abortion.
  (d)  over  eighty  percent  of  all abortions are performed in clinics
devoted solely to providing abortions and family planning services. Most
females who seek abortions at these facilities do not have any relation-
ship with the physician who performs the abortion, before or  after  the
procedure. They do not return to the facility for post-surgical care. In
most  instances,  the  female's  only  actual contact with the physician
occurs simultaneously with the abortion procedure, with little  opportu-
nity to receive counseling concerning her decision.
  (e) the decision to abort is an important, and often stressful one and
it  is  desirable  and imperative that it be made with full knowledge of
its nature and consequences. The medical,  emotional  and  psychological
consequences of an abortion are serious and can be lasting.
  (f)  abortion facilities or providers offer only limited and/or imper-
sonal counseling opportunities. Many abortion  facilities  or  providers
hire  untrained and unprofessional "counselors" whose primary goal is to
sell abortion services.
  2. Based on the findings and declarations set forth in subdivision one
of this section, it is the intent of this act to:
  (a) provide that pregnant minors have the benefit  of  parental  guid-
ance;
  (b)  ensure that every female considering an abortion receive complete
information on her alternatives and that every female submitting  to  an
abortion  do  so only after giving her voluntary and informed consent to
the abortion procedure;
  (c) protect unborn children from a  mother's  uninformed  decision  to
have an abortion; and
  (d)  reduce  the  risk  that  a  mother may elect an abortion, only to
discover later, with devastating psychological  consequences,  that  her
decision was not fully informed.
  S  3.  Article  25 of the public health law is amended by adding a new
title 1-C to read as follows:

                                TITLE I-C
                          FAMILY PROTECTION ACT

SECTION 2515-E. DEFINITIONS.
        2515-F. CONSENT CONCERNING AN ABORTION.
        2515-G. LIMITATIONS.
        2515-H. COERCION PROHIBITED.
        2515-I. INFORMED CONSENT REQUIREMENT.
        2515-J. PUBLICATION OF MATERIALS.
        2515-K. EMERGENCY.
        2515-L. PENALTIES.
        2515-M. ANONYMITY.
  S 2515-E. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ABORTION" MEANS THE USE OR PRESCRIPTION OF ANY INSTRUMENT,  MEDI-
CINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE WITH THE INTENT TO TERMINATE
THE PREGNANCY OF A FEMALE KNOWN TO BE PREGNANT WITH INTENT OTHER THAN TO
INCREASE  PROBABILITY OF A LIVE BIRTH, TO PRESERVE THE LIFE OR HEALTH OF
THE CHILD AFTER LIVE BIRTH, OR TO REMOVE A DEAD FETUS.
  (B) "ATTEMPT TO PERFORM AN ABORTION" MEANS AN ACT  OR  OMISSION  OF  A
STATUTORILY  REQUIRED  ACT,  THAT,  UNDER THE CIRCUMSTANCES AS THE ACTOR
BELIEVES THEM TO BE, CONSTITUTES A  SUBSTANTIAL  STEP  IN  A  COURSE  OF

A. 4771                             3

CONDUCT  PLANNED  TO  CULMINATE IN THE PERFORMANCE OF AN ABORTION IN THE
STATE OF NEW YORK IN VIOLATION OF THIS TITLE.
  (C)  "UNEMANCIPATED MINOR" MEANS A FEMALE WHO HAS NOT ATTAINED THE AGE
OF EIGHTEEN YEARS AND IS NOT AN EMANCIPATED MINOR AS DEFINED IN SUBDIVI-
SION (D) OF THIS SECTION.
  (D) "EMANCIPATED MINOR" MEANS A FEMALE WHO IS  OR  HAS  BEEN  LAWFULLY
MARRIED  OR  HAS  BY  COURT ORDER OR OTHERWISE BEEN FREED FROM THE CARE,
CUSTODY AND CONTROL OF HER PARENTS.
  (E) "MEDICAL EMERGENCY" MEANS ANY CONDITION WHICH, ON THE BASIS OF THE
PHYSICIAN'S GOOD FAITH CLINICAL JUDGMENT,  SO  COMPLICATES  THE  MEDICAL
CONDITION  OF A PREGNANT FEMALE AS TO NECESSITATE THE IMMEDIATE ABORTION
OF HER PREGNANCY TO AVERT HER DEATH OR FOR WHICH DELAY WILL CREATE SERI-
OUS RISK OF SUBSTANTIAL OR IRREVERSIBLE IMPAIRMENT  OF  A  MAJOR  BODILY
FUNCTION.
  (F)  "PARENT"  MEANS ONE PARENT OF THE PREGNANT FEMALE, OR GUARDIAN OR
CONSERVATOR IF THE PREGNANT FEMALE HAS ONE.
  (G) "CONCEPTION" MEANS THE FUSION OF A HUMAN SPERMATOZOON WITH A HUMAN
OVUM.
  (H) "GESTATIONAL AGE" MEANS THE TIME THAT HAS ELAPSED SINCE THE  FIRST
DAY OF A FEMALE'S LAST MENSTRUAL PERIOD.
  (I) "PHYSICIAN" MEANS ANY PERSON LICENSED TO PRACTICE MEDICINE IN THIS
STATE. THE TERM INCLUDES MEDICAL DOCTORS AND DOCTORS OF OSTEOPATHY.
  (J)  "PREGNANT" OR "PREGNANCY" MEANS THE FEMALE REPRODUCTIVE CONDITION
OF HAVING AN UNBORN CHILD IN THE FEMALE'S BODY.
  (K) "AGENT" MEANS AN AGENT OF THE PHYSICIAN  WHO  IS  A  PSYCHOLOGIST,
LICENSED  SOCIAL  WORKER,  LICENSED  PROFESSIONAL  COUNSELOR, REGISTERED
NURSE OR PHYSICIAN.
  (L) "UNBORN CHILD" MEANS THE OFFSPRING OF HUMAN BEINGS FROM CONCEPTION
UNTIL BIRTH.
  (M) "VIABILITY" AND "VIABLE" MEANS THAT  STAGE  IN  FETAL  DEVELOPMENT
WHEN  THE LIFE OF THE UNBORN CHILD MAY BE CONTINUED INDEFINITELY OUTSIDE
THE WOMB BY NATURAL OR ARTIFICIAL LIFE-SUPPORTIVE SYSTEMS.
  (N) "FEMALE" MEANS ANY PERSON OF THE FEMALE GENDER.
  S 2515-F. CONSENT CONCERNING AN ABORTION. NO  PERSON  SHALL  KNOWINGLY
PERFORM  AN  ABORTION  UPON  AN UNEMANCIPATED MINOR OR UPON A FEMALE FOR
WHOM A GUARDIAN OR CONSERVATOR HAS BEEN APPOINTED BECAUSE OF  A  FINDING
OF  INCOMPETENCY, UNLESS THE ATTENDING PHYSICIAN HAS SECURED THE WRITTEN
CONSENT OF ONE PARENT OR GUARDIAN OR CONSERVATOR IF THE PREGNANT  FEMALE
HAS  ONE.   IN OBTAINING THE CONSENT OF THE UNEMANCIPATED MINOR'S PARENT
OR THE FEMALE'S GUARDIAN OR CONSERVATOR, THE PHYSICIAN SHALL PROVIDE THE
INFORMATION AND  MATERIALS  SPECIFIED  IN  SECTION  TWENTY-FIVE  HUNDRED
FIFTEEN-I  OF  THIS  TITLE  AND SHALL OBTAIN FROM THEM THE CERTIFICATION
REQUIRED BY SUBDIVISION (C) OF SECTION TWENTY-FIVE HUNDRED FIFTEEN-I  OF
THIS TITLE.
  (A)  THE  WRITTEN CONSENT SHALL BE ADDRESSED TO THE PARENT OR GUARDIAN
AT THE USUAL PLACE OF ABODE OF THE  PARENT  OR  GUARDIAN  AND  DELIVERED
PERSONALLY TO THE PARENT OR GUARDIAN BY THE PHYSICIAN OR AN AGENT.
  (B)  IN  LIEU  OF  THE  DELIVERY  REQUIRED  BY SUBDIVISION (A) OF THIS
SECTION, NOTICE SHALL BE MADE BY CERTIFIED MAIL ADDRESSED TO THE  PARENT
OR  GUARDIAN  AT THE USUAL PLACE OF ABODE OF THE PARENT OR GUARDIAN WITH
RETURN RECEIPT REQUESTED WITH RESTRICTED DELIVERY TO THE ADDRESSEE. TIME
OF DELIVERY SHALL BE DEEMED TO OCCUR AT TWELVE O'CLOCK NOON ON THE THIRD
DAY AFTER MAILING.
  S 2515-G. LIMITATIONS. NO CONSENT SHALL BE REQUIRED UNDER  THIS  TITLE
IF:

A. 4771                             4

  (A)  THE ATTENDING PHYSICIAN CERTIFIES IN THE PREGNANT MINOR'S MEDICAL
RECORD THAT THE ABORTION IS NECESSARY TO PREVENT THE MINOR'S  DEATH  AND
THERE IS INSUFFICIENT TIME TO OBTAIN THE REQUIRED CONSENT; OR
  (B)  THE  PERSON  WHO IS ENTITLED TO CONSENT CERTIFIES IN WRITING THAT
HE/SHE HAS CONSENTED; OR
  (C) THE MINOR ELECTS NOT TO OBTAIN CONSENT OF HER PARENT  OR  GUARDIAN
OR  CONSERVATOR  AND  OBTAINS  AN  ORDER ISSUED BY A JUDGE OF THE FAMILY
COURT AS PROVIDED IN ARTICLE TEN-D OF THE FAMILY COURT ACT,  OR  BY  ANY
OTHER  JUDGE  OR  JUSTICE  OF THIS STATE HAVING JURISDICTION, DISPENSING
WITH SUCH CONSENT.
  S 2515-H. COERCION PROHIBITED. NO PARENT,  GUARDIAN  OR  OTHER  PERSON
SHALL  COERCE  ANY  FEMALE  TO  UNDERGO  AN  ABORTION. ANY FEMALE WHO IS
THREATENED WITH SUCH COERCION MAY APPLY TO A COURT OF  COMPETENT  JURIS-
DICTION  FOR  RELIEF. THE COURT SHALL PROVIDE A MINOR WITH COUNSEL, GIVE
THE MATTER EXPEDITED CONSIDERATION AND  GRANT  SUCH  RELIEF  AS  MAY  BE
NECESSARY  TO  PREVENT SUCH COERCION. SHOULD A MINOR BE DENIED FINANCIAL
SUPPORT OF HER PARENTS BY REASON OF HER REFUSAL TO UNDERGO AN  ABORTION,
SHE  SHALL  BE  CONSIDERED  EMANCIPATED  FOR PURPOSES OF ELIGIBILITY FOR
ASSISTANCE BENEFITS.
  S 2515-I. INFORMED CONSENT REQUIREMENT. NO ABORTION SHALL BE PERFORMED
OR INDUCED WITHOUT THE VOLUNTARY AND INFORMED CONSENT OF THE FEMALE UPON
WHOM THE ABORTION IS TO BE PERFORMED OR INDUCED. EXCEPT IN THE CASE OF A
MEDICAL EMERGENCY, CONSENT TO AN ABORTION IS VOLUNTARY AND  INFORMED  IF
AND ONLY IF:
  (A)  AT  LEAST  TWENTY-FOUR HOURS PRIOR TO THE ABORTION, THE PHYSICIAN
WHO IS TO PERFORM THE ABORTION OR THE REFERRING PHYSICIAN  HAS  INFORMED
THE FEMALE, BY TELEPHONE OR IN PERSON, OF:
  1. THE NAME OF THE PHYSICIAN WHO WILL PERFORM THE ABORTION;
  2.  THE  NATURE OF THE PROPOSED ABORTION METHOD AND OF THOSE RISKS AND
ALTERNATIVES TO THE METHOD THAT  A  REASONABLE  PATIENT  WOULD  CONSIDER
MATERIAL TO THE DECISION OR WHETHER OR NOT TO UNDERGO THE ABORTION;
  3.  THE  PROBABLE  GESTATIONAL AGE OF THE UNBORN CHILD AT THE TIME THE
ABORTION IS TO BE PERFORMED, AND, IF THE UNBORN CHILD IS VIABLE  OR  HAS
REACHED  THE  GESTATIONAL  AGE  OF TWENTY-TWO WEEKS, THAT (I) THE UNBORN
CHILD MAY BE ABLE TO SURVIVE OUTSIDE THE WOMB; (II) THE  WOMAN  HAS  THE
RIGHT TO REQUEST THE PHYSICIAN TO USE THE FORM OF TREATMENT THAT IS MOST
LIKELY TO PRESERVE THE LIFE OF THE UNBORN CHILD; AND (III) IF THE UNBORN
CHILD IS BORN ALIVE, THE ATTENDING PHYSICIAN HAS THE LEGAL OBLIGATION TO
TAKE  ALL  REASONABLE STEPS NECESSARY TO MAINTAIN THE LIFE AND HEALTH OF
THE CHILD;
  4. THE PROBABLE ANATOMICAL AND PHYSIOLOGICAL  CHARACTERISTICS  OF  THE
UNBORN CHILD AT THE TIME THE ABORTION IS TO BE PERFORMED;
  5. THE MEDICAL RISKS ASSOCIATED WITH CARRYING HER CHILD TO TERM;
  6. THE MEDICAL AND PSYCHOLOGICAL RISKS ASSOCIATED WITH ABORTION; AND
  7.  ANY  NEED  FOR ANTI-RH IMMUNE GLOBULIN THERAPY, IF SHE IS RH NEGA-
TIVE, THE LIKELY CONSEQUENCES OF REFUSING SUCH THERAPY AND THE  COST  OF
THE THERAPY.
  THE  INFORMATION REQUIRED BY THIS SUBDIVISION MAY BE PROVIDED BY TELE-
PHONE WITHOUT CONDUCTING A PHYSICAL EXAMINATION OR TESTS OF THE PATIENT,
IN WHICH CASE THE INFORMATION REQUIRED TO BE PROVIDED MAY  BE  BASED  ON
FACTS  SUPPLIED  TO THE PHYSICIAN BY THE FEMALE AND WHATEVER OTHER RELE-
VANT INFORMATION IS REASONABLY AVAILABLE TO THE PHYSICIAN. IT MAY NOT BE
PROVIDED BY A TAPE RECORDING, BUT SHALL BE PROVIDED DURING  A  CONSULTA-
TION  IN  WHICH THE PHYSICIAN IS ABLE TO ASK QUESTIONS OF THE FEMALE AND
THE FEMALE IS ABLE TO ASK QUESTIONS OF  THE  PHYSICIAN.  IF  A  PHYSICAL
EXAMINATION,  TESTS,  OR  THE  AVAILABILITY  OF OTHER INFORMATION TO THE

A. 4771                             5

PHYSICIAN SUBSEQUENTLY INDICATES IN THE MEDICAL JUDGMENT OF  THE  PHYSI-
CIAN,  A REVISION OF THE INFORMATION PREVIOUSLY SUPPLIED TO THE PATIENT,
THAT REVISED INFORMATION MAY BE COMMUNICATED TO THE PATIENT AT ANY  TIME
PRIOR TO THE PERFORMANCE OF THE ABORTION. NOTHING IN THIS SECTION MAY BE
CONSTRUED  TO  PRECLUDE  PROVISION OF REQUIRED INFORMATION IN A LANGUAGE
UNDERSTOOD BY THE PATIENT THROUGH A TRANSLATOR.
  (B) AT LEAST TWENTY-FOUR HOURS PRIOR TO THE  ABORTION,  THE  PHYSICIAN
WHO  IS TO PERFORM THE ABORTION, THE REFERRING PHYSICIAN, OR AN AGENT OF
EITHER PHYSICIAN SHALL INFORM THE FEMALE, BY  TELEPHONE  OR  IN  PERSON,
THAT:
  1.  MEDICAL  ASSISTANCE  BENEFITS  MAY BE AVAILABLE FOR PRENATAL CARE,
CHILDBIRTH AND NEONATAL CARE;
  2. THE FATHER OF THE UNBORN CHILD IS LIABLE TO ASSIST IN  THE  SUPPORT
OF  HER CHILD, EVEN IN THE INSTANCES WHERE HE HAS OFFERED TO PAY FOR THE
ABORTION.  IN THE CASE OF FORCIBLE RAPE, THIS INFORMATION MAY  BE  OMIT-
TED;
  3.  SHE HAS THE RIGHT TO REVIEW THE PRINTED MATERIALS PUBLISHED PURSU-
ANT TO SECTION TWENTY-FIVE HUNDRED FIFTEEN-J OF THIS TITLE.  THE  PHYSI-
CIAN  OR  PHYSICIAN'S  AGENT SHALL ORALLY INFORM THE WOMAN THE MATERIALS
HAVE BEEN PROVIDED BY THE STATE OF NEW YORK AND THAT THEY  DESCRIBE  THE
UNBORN  CHILD AND LIST AGENCIES WHICH OFFER ALTERNATIVES TO ABORTION. IF
THE FEMALE CHOOSES TO VIEW THE MATERIALS, THEY SHALL EITHER BE GIVEN  TO
HER  AT  LEAST TWENTY-FOUR HOURS BEFORE THE ABORTION OR MAILED TO HER AT
LEAST  SEVENTY-TWO  HOURS  BEFORE  THE  ABORTION  BY   CERTIFIED   MAIL,
RESTRICTED  DELIVERY  TO  ADDRESSEE.    THE INFORMATION REQUIRED BY THIS
PARAGRAPH MAY BE PROVIDED BY A TAPE RECORDING IF THE PROVISION  IS  MADE
TO  RECORD  OR  OTHERWISE  REGISTER  WHETHER  THE WOMAN DOES OR DOES NOT
CHOOSE TO REVIEW THE PRINTED MATERIALS;
  4. THE STATE ENCOURAGES HER TO VIEW AN ULTRASOUND IMAGE OF HER  UNBORN
CHILD  BEFORE SHE DECIDES TO HAVE AN ABORTION. IF SHE CHOOSES TO VIEW AN
ULTRASOUND IMAGE OF HER UNBORN CHILD, THE PHYSICIAN WHO  IS  TO  PERFORM
THE  ABORTION OR THE REFERRING PHYSICIAN SHALL ISSUE A MEDICAL ORDER FOR
THE ULTRASOUND SERVICE AT ANY MEDICAL FACILITY THAT PROVIDES  ULTRASOUND
IMAGING  SERVICES.  IF THE FEMALE DOES NOT HAVE PRIVATE HEALTH INSURANCE
COVERAGE FOR THE ULTRASOUND SERVICE, SHE SHALL BE PRESUMPTIVELY ELIGIBLE
FOR MEDICAL ASSISTANCE COVERAGE FOR THE ULTRASOUND SERVICE;
  5. SHE IS FREE TO WITHHOLD OR WITHDRAW HER CONSENT TO THE ABORTION  AT
ANY  TIME  BEFORE  OR  DURING AN ABORTION WITHOUT AFFECTING HER RIGHT TO
FUTURE CARE OR TREATMENT AND WITHOUT THE LOSS OF ANY STATE  OR  FEDERAL-
LY-FUNDED BENEFITS TO WHICH SHE MIGHT OTHERWISE BE ENTITLED.
  (C)  THE  FEMALE CERTIFIES IN WRITING, PRIOR TO THE ABORTION, THAT THE
INFORMATION REQUIRED TO BE PROVIDED UNDER SUBDIVISIONS (A)  AND  (B)  OF
THIS SECTION HAS BEEN PROVIDED.
  (D)  PRIOR TO THE PERFORMANCE OF THE ABORTION, THE PHYSICIAN WHO IS TO
PERFORM THE ABORTION OR HIS AGENT RECEIVES A COPY OF THE WRITTEN CERTIF-
ICATION PRESCRIBED BY SUBDIVISION (C) OF THIS SECTION.
  (E) THE FEMALE IS NOT REQUIRED TO PAY  ANY  AMOUNT  FOR  THE  ABORTION
PROCEDURE UNTIL THE TWENTY-FOUR HOUR WAITING PERIOD HAS EXPIRED.
  S  2515-J. PUBLICATION OF MATERIALS. (A) THE DEPARTMENT SHALL CAUSE TO
BE PUBLISHED IN ENGLISH AND SPANISH, WITHIN ONE HUNDRED TWO  DAYS  AFTER
THE  EFFECTIVE  DATE OF THIS TITLE, AND SHALL UPDATE ON AN ANNUAL BASIS,
THE FOLLOWING EASILY COMPREHENSIBLE PRINTED MATERIALS:
  1. GEOGRAPHICALLY INDEXED MATERIALS DESIGNED TO INFORM  THE  WOMAN  OF
PUBLIC  AND  PRIVATE  AGENCIES AND SERVICES AVAILABLE TO ASSIST A FEMALE
THROUGH PREGNANCY, UPON CHILDBIRTH AND WHILE  HER  CHILD  IS  DEPENDENT,
INCLUDING  BUT  NOT  LIMITED  TO, ADOPTION AGENCIES. THE MATERIALS SHALL

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INCLUDE A COMPREHENSIVE LIST OF  THE  AGENCIES,  A  DESCRIPTION  OF  THE
SERVICES  THEY  OFFER,  AND  THE  TELEPHONE NUMBERS AND ADDRESSES OF THE
AGENCIES; AND INFORM THE WOMAN ABOUT AVAILABLE MEDICAL ASSISTANCE  BENE-
FITS  FOR  PRENATAL  CARE,  CHILDBIRTH,  AND NEONATAL CARE AND ABOUT THE
SUPPORT OBLIGATIONS OF THE FATHER OF THE CHILD WHO IS  BORN  ALIVE.  THE
DEPARTMENT SHALL ENSURE THAT THE MATERIALS DESCRIBED IN THIS SECTION ARE
COMPREHENSIVE  AND  DO  NOT  DIRECTLY  OR INDIRECTLY PROMOTE, EXCLUDE OR
DISCOURAGE THE USE OF ANY AGENCY OR SERVICE DESCRIBED IN  THIS  SECTION.
THE  MATERIALS  SHOULD  ALSO  CONTAIN A TOLL-FREE TWENTY-FOUR HOUR A DAY
TELEPHONE NUMBER WHICH MAY BE CALLED TO OBTAIN, ORALLY, SUCH A LIST  AND
DESCRIPTION  OF  AGENCIES  IN  THE  LOCALITY  OF  THE  CALLER AND OF THE
SERVICES THEY OFFER. THE MATERIALS SHALL STATE THAT IT IS  UNLAWFUL  FOR
ANY  INDIVIDUAL  TO  COERCE  A  FEMALE TO UNDERGO AN ABORTION,  THAT ANY
PHYSICIAN WHO PERFORMS AN ABORTION WITHOUT HER INFORMED CONSENT  MAY  BE
LIABLE  TO  HER  FOR  DAMAGES  IN A CIVIL ACTION AT LAW AND THAT THE LAW
PERMITS ADOPTIVE PARENTS TO PAY COSTS OF PRENATAL CARE,  CHILDBIRTH  AND
NEONATAL  CARE.  THE  MATERIAL  SHALL  INCLUDE  THE FOLLOWING STATEMENT:
"THERE ARE MANY PUBLIC AND PRIVATE AGENCIES WILLING AND ABLE TO HELP YOU
TO  CARRY YOUR CHILD TO TERM, AND TO ASSIST YOU  AND  YOUR  CHILD  AFTER
YOUR  CHILD IS BORN, WHETHER YOU CHOOSE TO KEEP YOUR CHILD OR PLACE YOUR
CHILD FOR ADOPTION. THE STATE OF NEW YORK STRONGLY URGES YOU TO  CONTACT
THEM  BEFORE  MAKING  A  FINAL DECISION ABOUT ABORTION. THE LAW REQUIRES
THAT YOUR PHYSICIAN OR HIS AGENT GIVE YOU THE OPPORTUNITY TO CALL  AGEN-
CIES LIKE THESE BEFORE YOU UNDERGO AN ABORTION."
  2.  MATERIALS  THAT INFORM THE PREGNANT FEMALE OF THE PROBABLE ANATOM-
ICAL AND PHYSIOLOGICAL CHARACTERISTICS OF THE UNBORN CHILD  AT  TWO-WEEK
GESTATIONAL  INCREMENTS  FROM  FERTILIZATION  TO  FULL  TERM,  INCLUDING
PICTURES OR DRAWINGS REPRESENTING THE DEVELOPMENT OF UNBORN CHILDREN  AT
TWO-WEEK  GESTATIONAL  INCREMENTS,  AND  ANY RELEVANT INFORMATION ON THE
POSSIBILITY OF THE UNBORN  CHILD'S  SURVIVAL;  PROVIDED  THAT  ANY  SUCH
PICTURES  OR  DRAWINGS  SHALL CONTAIN THE DIMENSIONS OF THE UNBORN CHILD
AND SHALL BE REALISTIC. THE MATERIALS SHALL BE  OBJECTIVE  AND  NONJUDG-
MENTAL AND DESIGNED TO CONVEY ONLY ACCURATE SCIENTIFIC INFORMATION ABOUT
THE  UNBORN  CHILD  AT  THE VARIOUS GESTATIONAL AGES. THE MATERIAL SHALL
ALSO CONTAIN OBJECTIVE INFORMATION DESCRIBING THE  METHODS  OF  ABORTION
PROCEDURES COMMONLY EMPLOYED, THE MEDICAL RISKS COMMONLY ASSOCIATED WITH
EACH  SUCH  PROCEDURE,  AND THE MEDICAL RISKS ASSOCIATED WITH CARRYING A
CHILD TO TERM.
  (B) THE MATERIALS SHALL BE PRINTED IN A TYPEFACE LARGE  ENOUGH  TO  BE
CLEARLY LEGIBLE.
  (C) THE MATERIALS REQUIRED UNDER THIS SECTION SHALL BE AVAILABLE AT NO
COST  FROM  THE DEPARTMENT UPON REQUEST AND IN APPROPRIATE NUMBER TO ANY
PERSON, FACILITY OR HOSPITAL.
  S 2515-K. EMERGENCY. WHERE A MEDICAL EMERGENCY COMPELS THE PERFORMANCE
OF AN ABORTION, THE  PHYSICIAN  SHALL  INFORM  THE  FEMALE,  BEFORE  THE
ABORTION,  OF  THE  MEDICAL  INDICATIONS SUPPORTING HIS JUDGMENT THAT AN
ABORTION IS NECESSARY TO AVERT HER DEATH OR  TO  AVERT  SUBSTANTIAL  AND
IRREVERSIBLE IMPAIRMENT OF A MAJOR BODILY FUNCTION.
  S  2515-L.  PENALTIES.  (A)  ANY  PERSON  WHO  KNOWINGLY OR RECKLESSLY
PERFORMS OR ATTEMPTS TO PERFORM AN ABORTION IN VIOLATION OF  THIS  TITLE
SHALL  BE  GUILTY  OF A FELONY. NO PENALTY SHALL BE ASSESSED AGAINST THE
FEMALE UPON WHOM THE ABORTION IS PERFORMED OR ATTEMPTED TO BE PERFORMED.
NO PENALTY OR CIVIL LIABILITY SHALL BE ASSESSED FOR  FAILURE  TO  COMPLY
WITH  PARAGRAPH  THREE  OF SUBDIVISION (B) OR SUBDIVISION (C) OF SECTION
TWENTY-FIVE HUNDRED FIFTEEN-I OF THIS TITLE UNLESS  THE  DEPARTMENT  HAS
MADE  THE  PRINTED  MATERIALS AVAILABLE AT THE TIME THE PHYSICIAN OR THE

A. 4771                             7

PHYSICIAN'S AGENT IS REQUIRED TO INFORM THE WOMAN OF HER RIGHT TO REVIEW
THEM.
  (B) IN ADDITION TO WHATEVER REMEDIES ARE AVAILABLE UNDER THE COMMON OR
STATUTORY  LAW  OF THIS STATE, ANY PERSON UPON WHOM AN ABORTION HAS BEEN
PERFORMED WITHOUT COMPLYING WITH  THE  PROVISIONS  OF  THIS  TITLE,  THE
FATHER  OF  THE UNBORN CHILD WHO WAS THE SUBJECT OF SUCH AN ABORTION, OR
THE GRANDPARENT OF SUCH AN UNBORN CHILD MAY MAINTAIN AN  ACTION  AGAINST
THE  PERSON  WHO PERFORMED THE ABORTION IN KNOWING OR RECKLESS VIOLATION
OF THIS TITLE FOR ACTUAL AND PUNITIVE DAMAGES. ANY PERSON UPON  WHOM  AN
ABORTION  HAS BEEN ATTEMPTED WITHOUT COMPLYING WITH THIS TITLE MAY MAIN-
TAIN AN ACTION AGAINST THE PERSON WHO ATTEMPTED TO PERFORM THE  ABORTION
IN  KNOWING  OR RECKLESS VIOLATION OF THIS TITLE FOR ACTUAL AND PUNITIVE
DAMAGES. IF JUDGMENT IS RENDERED IN FAVOR OF THE PLAINTIFF IN ANY ACTION
DESCRIBED IN THIS SECTION, THE COURT SHALL ALSO RENDER  JUDGMENT  FOR  A
REASONABLE  ATTORNEY'S FEE IN FAVOR OF THE PLAINTIFF AGAINST THE DEFEND-
ANT. IF JUDGMENT IS RENDERED IN FAVOR OF THE  DEFENDANT  AND  THE  COURT
FINDS  THAT THE PLAINTIFF'S SUIT WAS FRIVOLOUS AND BROUGHT IN BAD FAITH,
THE COURT SHALL ALSO RENDER JUDGMENT FOR A REASONABLE ATTORNEY'S FEE  IN
FAVOR OF THE DEFENDANT AGAINST THE PLAINTIFF.
  S  2515-M.  ANONYMITY. IN EVERY CIVIL OR CRIMINAL PROCEEDING OR ACTION
BROUGHT UNDER THIS TITLE, THE COURT SHALL RULE WHETHER THE ANONYMITY  OF
ANY  FEMALE  UPON WHOM AN ABORTION HAS BEEN PERFORMED OR ATTEMPTED SHALL
BE PRESERVED FROM PUBLIC DISCLOSURE IF SHE DOES NOT GIVE HER CONSENT  TO
SUCH  DISCLOSURE.  THE  COURT, UPON MOTION SUA SPONTE, SHALL MAKE SUCH A
RULING AND UPON DETERMINING THAT  HER  ANONYMITY  SHOULD  BE  PRESERVED,
SHALL  ISSUE  ORDERS  TO THEIR PARTIES, WITNESSES, AND COUNSEL AND SHALL
DIRECT THE SEALING OF THE RECORD AND EXCLUSION OF INDIVIDUALS  FROM  THE
COURTROOMS  OR  HEARING  ROOMS  TO THE EXTENT NECESSARY TO SAFEGUARD HER
IDENTITY FROM PUBLIC DISCLOSURE. EACH SUCH ORDER SHALL BE ACCOMPANIED BY
SPECIFIC WRITTEN FINDINGS EXPLAINING WHY THE  ANONYMITY  OF  THE  FEMALE
SHOULD  BE  PRESERVED FROM PUBLIC DISCLOSURE, WHY THE ORDER IS ESSENTIAL
TO THAT END, HOW THE ORDER IS NARROWLY TAILORED TO SERVE THAT  INTEREST,
AND  WHY  NO  REASONABLE  LESS  RESTRICTIVE  ALTERNATIVE  EXISTS. IN THE
ABSENCE OF WRITTEN CONSENT OF THE FEMALE UPON WHOM AN ABORTION HAS  BEEN
PERFORMED  OR ATTEMPTED, ANYONE, OTHER THAN A PUBLIC OFFICIAL WHO BRINGS
AN ACTION UNDER SUBDIVISION (B) OF SECTION TWENTY-FIVE HUNDRED FIFTEEN-L
OF THIS TITLE SHALL DO SO UNDER A PSEUDONYM.
  S 4. The family court act is amended by adding a new article  10-D  to
read as follows:
                              ARTICLE 10-D
                  PROCEEDING TO OBTAIN AN ORDER WAIVING
                            PARENTAL CONSENT
SECTION 1097. PURPOSES.
        1098. DEFINITIONS.
        1099. JURISDICTION.
        1100. PROCEDURE.
  S  1097. PURPOSES. THIS ARTICLE IS INTENDED TO ESTABLISH PROCEDURES TO
IMPLEMENT THE PROVISIONS CONTAINED IN TITLE ONE-C OF ARTICLE TWENTY-FIVE
OF THE PUBLIC HEALTH LAW.
  S 1098. DEFINITIONS. WHEN USED IN  THIS  ARTICLE,  THE  TERM  ABORTION
SHALL  HAVE THE SAME MEANINGS AS SET FORTH IN SUBDIVISION (A) OF SECTION
TWENTY-FIVE HUNDRED FIFTEEN-E OF THE PUBLIC  HEALTH  LAW  AND  THE  TERM
"MATURE  MINOR"  SHALL  MEAN  A  PERSON UNDER THE AGE OF EIGHTEEN WHO IS
UNEMANCIPATED AS THAT TERM IS DEFINED  IN  SUBDIVISION  (C)  OF  SECTION
TWENTY-FIVE  HUNDRED  FIFTEEN-E OF THE PUBLIC HEALTH LAW AND WHO IS ABLE

A. 4771                             8

TO MAKE AN INFORMED, REASONED AND CONSIDERED JUDGMENT IN CONNECTION WITH
A DECISION WHETHER OR NOT TO PROCEED WITH THE ABORTION.
  S  1099.  JURISDICTION. THE FAMILY COURT HAS EXCLUSIVE ORIGINAL JURIS-
DICTION OVER PROCEEDINGS UNDER THIS ARTICLE TO OBTAIN AN  ORDER  WAIVING
PARENTAL CONSENT OF AN ABORTION.
  S 1100. PROCEDURE. NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
  1.  THE WAIVER OF PARENTAL CONSENT TO AN ABORTION UPON OR WITH RESPECT
TO AN UNEMANCIPATED MINOR MAY BE OBTAINED BY ORDER OF  A  JUDGE  OF  THE
FAMILY  COURT IN THE COUNTY WHERE SUCH PERSON RESIDES OR IF SHE IS NOT A
RESIDENT OF THIS STATE IN  THE  COUNTY  WHERE  THE  ABORTION  IS  TO  BE
PERFORMED, ON APPLICATION BY SUCH PERSON OR BY A RELATIVE OF SUCH PERSON
OR OTHER INTERESTED PARTY.
  2.  SUCH  COURT  PROCEEDINGS  SHALL  BE  COMMENCED EX PARTE AND MAY BE
COMMENCED AND CONTINUED WITHOUT THE PAYMENT OF ANY FEES. THE COURT SHALL
ADVISE THE MINOR THAT SHE HAS A RIGHT  TO  COURT-APPOINTED  COUNSEL  AND
SHALL PROVIDE HER WITH SUCH COUNSEL UPON HER REQUEST.
  3. SUCH APPLICATION SHALL BE GIVEN IMMEDIATE CONSIDERATION AND A HEAR-
ING  SHALL  BE HELD IMMEDIATELY AT WHICH THE PERSON UPON OR WITH RESPECT
TO WHOM THE ABORTION IS TO BE PERFORMED  SHALL  BE  PRESENT.  THE  COURT
SHALL  ISSUE WRITTEN AND SPECIFIC FACTUAL FINDINGS AND LEGAL CONCLUSIONS
SUPPORTING ITS DECISION AND SHALL ORDER THAT A  CONFIDENTIAL  RECORD  OF
THE  EVIDENCE BE MAINTAINED. ALL PROCEEDINGS WITH RESPECT TO SUCH APPLI-
CATION, INCLUDING AN APPEAL THEREFROM, SHALL PROTECT  THE  ANONYMITY  OF
THE MINOR. SUCH PROCEEDINGS SHALL BE SEALED AND NO OTHER PERSON SHALL BE
ALLOWED ACCESS TO SUCH SEALED RECORDS EXCEPT UPON AN ORDER OF A JUDGE OF
THE  COURT IN WHICH THE APPLICATION WAS PROCESSED OR OF A JUSTICE OF THE
SUPREME COURT OF THE JUDICIAL DISTRICT,  AND  NO  SUCH  ORDER  SHALL  BE
GRANTED EXCEPT FOR GOOD CAUSE SHOWN.
  4. AN ORDER SHALL ISSUE ONLY UPON A FINDING BY THE COURT (A) THAT SUCH
PERSON  DESIRES  TO  SUBMIT  TO  SUCH  ABORTION; (B) THAT SUCH PERSON IS
EITHER A MATURE MINOR OR THAT SUCH ABORTION IS IN THE BEST  INTEREST  OF
SUCH  PERSON; AND (C) THAT A PREVIOUS APPLICATION FOR SUCH ORDER HAS NOT
BEEN MADE AND DENIED UPON THE SAME GROUNDS. IF THE COURT  SO  FINDS  THE
ORDER SHALL ISSUE.
  5.  IN  THE  EVENT  THAT  THE COURT SHALL DENY THE APPLICATION FOR THE
ORDER, AN EXPEDITED ANONYMOUS APPEAL SHALL BE AVAILABLE TO  SUCH  APPLI-
CANT  TO  THE  APPELLATE  DIVISION  OF THE SUPREME COURT OF THE JUDICIAL
DEPARTMENT IN WHICH THE COURT WHICH RENDERED THE  DECISION  IS  LOCATED.
THE  NOTICE  OF INTENT TO APPEAL SHALL BE FILED WITHIN TWENTY-FOUR HOURS
FROM THE DATE OF ISSUANCE OF THE ORDER. THE RECORD ON  APPEAL  SHALL  BE
COMPLETED  AND  THE  APPEAL SHALL BE PERFECTED WITHIN FIVE DAYS FROM THE
FILING OF THE NOTICE TO APPEAL. BECAUSE  TIME  MAY  BE  OF  THE  ESSENCE
REGARDING  THE  PERFORMANCE OF THE ABORTION, THE SUPREME COURT SHALL, BY
COURT RULE, PROVIDE FOR EXPEDITED APPELLATE  REVIEW  OF  CASES  APPEALED
UNDER THIS SECTION.
  6.  THE  OFFICE OF COURT ADMINISTRATION SHALL PROMULGATE ANY RULES AND
REGULATIONS NECESSARY TO ENSURE THAT PROCEEDINGS UNDER THIS SECTION  ARE
HANDLED IN AN EXPEDITIOUS AND ANONYMOUS MATTER.
  7.  THE  SUPREME  COURT,  IN  ITS DISCRETION, MAY ISSUE SUCH OTHER AND
FURTHER LAWFUL ORDERS AS IT DEEMS NECESSARY TO PROTECT SUCH PERSON.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-

A. 4771                             9

graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law.