S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10433
 
                           I N  A S S E M B L Y
 
                              April 20, 2018
                                ___________
 
 Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT to amend the public health law and the penal law, in relation to
   enacting the reproductive health act and revising existing  provisions
   of  law  regarding  abortion;  and to repeal certain provisions of the
   education law relating to the sale of contraceptives

   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 article
 25-A to read as follows:
                               ARTICLE 25-A
                          REPRODUCTIVE HEALTH ACT
 SECTION 2599-AA. ABORTION.
   § 2599-AA. ABORTION. 1. A HEALTH CARE  PRACTITIONER  LICENSED,  CERTI-
 FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
 IN  HIS  OR  HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM AN ABORTION WHEN,
 ACCORDING TO THE PRACTITIONER'S REASONABLE AND GOOD  FAITH  PROFESSIONAL
 JUDGMENT  BASED ON THE FACTS OF THE PATIENT'S CASE:  THERE IS AN ABSENCE
 OF FETAL VIABILITY OR THE ABORTION IS NECESSARY TO PROTECT THE PATIENT'S
 LIFE OR HEALTH.
   2. NO REGULATION, RULE, PROVISION, OR LAW, SHALL  BE  MADE  OR  IMPLE-
 MENTED  THAT  PLACES  AN  UNDUE BURDEN IN THE PATH OF A WOMAN SEEKING AN
 ABORTION OF A NONVIABLE FETUS. AN "UNDUE BURDEN" SHALL HAVE THE  PURPOSE
 OR EFFECT OF PLACING A SUBSTANTIAL OBSTACLE IN THE PATH OF A WOMAN SEEK-
 ING AN ABORTION OF A NONVIABLE FETUS.
   § 2. Subdivision 8 of section 6811 of the education law is REPEALED.
   § 3. Section 125.00 of the penal law is amended to read as follows:
 § 125.00 Homicide defined.
   Homicide  means  conduct  which  causes  the  death of a person or [an
 unborn child with which a female has been pregnant for more  than  twen-
 ty-four  weeks]  A VIABLE FETUS under circumstances constituting murder,
 manslaughter in the first degree, manslaughter  in  the  second  degree,
 criminally  negligent  homicide, abortion in the first degree or self-a-
 bortion in the first degree.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14505-02-8

 A. 10433                            2
 
   § 4. Subdivision 3 of section 125.05 of the penal law, as  amended  by
 chapter 127 of the laws of 1970, is amended to read as follows:
   3.  "Justifiable abortional act." (A) An abortional act is justifiable
 when committed upon a female with her consent by a duly licensed  physi-
 cian  acting [(a) under a reasonable belief that] UNDER A REASONABLE AND
 GOOD FAITH PROFESSIONAL JUDGMENT BASED ON THE  FACTS  OF  THE  PATIENT'S
 CASE (I) THAT such ACT is necessary to preserve her life OR HEALTH, or[,
 (b)  within  twenty-four  weeks  from the commencement of her pregnancy]
 (II) THERE IS AN ABSENCE OF FETAL VIABILITY.
   (B) A pregnant female's commission of an abortional act  upon  herself
 is  justifiable  when she acts upon the [advice] GOOD FAITH PROFESSIONAL
 JUDGMENT of a duly licensed physician [(1)] (I) that such act is  neces-
 sary  to  preserve her life OR HEALTH, or[, (2) within twenty-four weeks
 from the commencement of her pregnancy] (II)  THERE  IS  AN  ABSENCE  OF
 FETAL VIABILITY.
   The  submission  by  a female to an abortional act is justifiable when
 she believes that it is being committed by a duly licensed  physician[,]
 acting  under  [a  reasonable belief] THE PHYSICIAN'S GOOD FAITH PROFES-
 SIONAL JUDGMENT (I) that such act is necessary to preserve her  life  OR
 HEALTH, or[, within twenty-four weeks from the commencement of her preg-
 nancy] (II) THERE IS AN ABSENCE OF FETAL VIABILITY.
   § 5. Section 125.15 of the penal law is amended to read as follows:
 § 125.15 Manslaughter in the second degree.
   A person is guilty of manslaughter in the second degree when:
   1. He OR SHE recklessly causes the death of another person; or
   2.  He OR SHE commits upon a female an abortional act which causes her
 death, unless such abortional act is justifiable pursuant to subdivision
 three of section 125.05 OF THIS ARTICLE; or
   3. He OR SHE intentionally causes or aids  another  person  to  commit
 suicide.
   Manslaughter in the second degree is a class C felony.
   §  6.  Section  125.20  of the penal law, subdivision 3 as amended and
 subdivision 4 as added by chapter 477 of the laws of 1990, is amended to
 read as follows:
 § 125.20 Manslaughter in the first degree.
   A person is guilty of manslaughter in the first degree when:
   1. With intent to cause serious physical injury to another person,  he
 OR SHE causes the death of such person or of a third person; or
   2.  With intent to cause the death of another person, he OR SHE causes
 the death of such person or of a third person under circumstances  which
 do  not  constitute murder because he OR SHE acts under the influence of
 extreme emotional disturbance, as defined in paragraph (a)  of  subdivi-
 sion  one  of section 125.25 OF THIS ARTICLE. The fact that homicide was
 committed under the influence of extreme emotional  disturbance  consti-
 tutes  a  mitigating circumstance reducing murder to manslaughter in the
 first degree and need not be proved in any prosecution  initiated  under
 this subdivision; or
   3. He OR SHE commits upon a female pregnant [for more than twenty-four
 weeks]  WITH  A  VIABLE  FETUS an abortional act which causes her death,
 unless such abortional act is justifiable pursuant to subdivision  three
 of section 125.05 OF THIS ARTICLE; or
   4.  Being eighteen years old or more and with intent to cause physical
 injury to a person less than eleven years old, the defendant  recklessly
 engages in conduct which creates a grave risk of serious physical injury
 to such person and thereby causes the death of such person.
   Manslaughter in the first degree is a class B felony.

 A. 10433                            3
 
   § 7. Section 125.40 of the penal law is amended to read as follows:
 § 125.40 Abortion in the second degree.
   A  person  is  guilty  of abortion in the second degree when he OR SHE
 commits an abortional act upon a female, unless such abortional  act  is
 justifiable  pursuant  to  subdivision  three  of section 125.05 OF THIS
 ARTICLE.
   Abortion in the second degree is a class E felony.
   § 8. Section 125.45 of the penal law is amended to read as follows:
 § 125.45 Abortion in the first degree.
   A person is guilty of abortion in the first  degree  when  he  OR  SHE
 commits  upon a female pregnant [for more than twenty-four weeks] WITH A
 VIABLE FETUS an abortional act which  causes  the  miscarriage  of  such
 female,  unless  such abortional act is justifiable pursuant to subdivi-
 sion three of section 125.05 OF THIS ARTICLE.
   Abortion in the first degree is a class D felony.
   § 9. Section 125.55 of the penal law is amended to read as follows:
 § 125.55 Self-abortion in the first degree.
   A female is guilty of self-abortion in the first  degree  when,  being
 pregnant  [for  more  than  twenty-four  weeks] WITH A VIABLE FETUS, she
 commits or submits to an abortional act upon herself  which  causes  her
 miscarriage,  unless  such  abortional  act  is  justifiable pursuant to
 subdivision three of section 125.05 OF THIS ARTICLE.
   Self-abortion in the first degree is a class A misdemeanor.
   § 10. This act shall take effect immediately.