S T A T E O F N E W Y O R K
________________________________________________________________________
6769
2017-2018 Regular Sessions
I N A S S E M B L Y
March 17, 2017
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Introduced by M. of A. CRESPO -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to establishing a
cause of action for damages against a person who attempts or performs
a sex selective abortion
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
230-e to read as follows:
§ 230-E. PROHIBITION OF SEX SELECTIVE ABORTION. 1. THE FOLLOWING
WORDS OR PHRASES, AS USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEAN-
INGS:
(A) "ABORTION" MEANS THE INTENTIONAL USE OR PRESCRIPTION OF ANY
INSTRUMENT, MEDICINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE OR METHOD TO
TERMINATE THE LIFE OF AN UNBORN CHILD, OR TO TERMINATE THE PREGNANCY OF
A WOMAN KNOWN TO BE PREGNANT WITH AN INTENTION OTHER THAN TO PRODUCE A
LIVE BIRTH AND PRESERVE THE LIFE AND HEALTH OF THE CHILD AFTER LIVE
BIRTH, OR TO REMOVE AN ECTOPIC PREGNANCY, OR TO REMOVE A DEAD UNBORN
CHILD WHO DIED AS THE RESULT OF NATURAL CAUSES, ACCIDENTAL TRAUMA, OR A
CRIMINAL ASSAULT ON THE PREGNANT WOMAN.
(B) "ATTEMPT TO PERFORM AN ABORTION" MEANS TO DO OR OMIT TO DO
ANYTHING THAT, UNDER THE CIRCUMSTANCES AS THE ACTOR BELIEVES THEM TO BE,
IS AN ACT OR OMISSION CONSTITUTING A SUBSTANTIAL STEP IN A COURSE OF
CONDUCT PLANNED TO CULMINATE IN AN ABORTION. SUCH SUBSTANTIAL STEPS
INCLUDE, BUT ARE NOT LIMITED TO: (I) AGREEING WITH AN INDIVIDUAL TO
PERFORM AN ABORTION ON THAT INDIVIDUAL OR ON SOME OTHER PERSON, WHETHER
OR NOT THE TERM "ABORTION" IS USED IN THE AGREEMENT, AND WHETHER OR NOT
THE AGREEMENT IS CONTINGENT ON ANOTHER FACTOR SUCH AS RECEIPT OF PAYMENT
OR A DETERMINATION OF PREGNANCY; AND (II) SCHEDULING OR PLANNING A TIME
TO PERFORM AN ABORTION ON AN INDIVIDUAL, WHETHER OR NOT THE TERM
"ABORTION" IS USED, AND WHETHER OR NOT THE PERFORMANCE IS CONTINGENT ON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07761-01-7
A. 6769 2
ANOTHER FACTOR SUCH AS RECEIPT OF PAYMENT OR A DETERMINATION OF PREGNAN-
CY. THIS DEFINITION SHALL NOT BE CONSTRUED TO REQUIRE THAT AN ABORTION
PROCEDURE ACTUALLY BE INITIATED FOR AN ATTEMPT TO OCCUR.
(C) "PHYSICIAN" MEANS A DOCTOR OF MEDICINE OR OSTEOPATHY LEGALLY
AUTHORIZED TO PRACTICE MEDICINE IN THE STATE.
2. NO PERSON SHALL KNOWINGLY OR RECKLESSLY PERFORM OR ATTEMPT TO
PERFORM AN ABORTION WITH KNOWLEDGE THAT THE PREGNANT FEMALE IS SEEKING
THE ABORTION SOLELY ON ACCOUNT OF THE SEX OF THE UNBORN CHILD. NOTHING
IN THIS SECTION SHALL BE CONSTRUED TO PROSCRIBE THE PERFORMANCE OF AN
ABORTION BECAUSE THE UNBORN CHILD HAS A GENETIC DISORDER THAT IS SEX-
LINKED.
3. ANY PERSON UPON WHOM AN ABORTION WAS PERFORMED OR ATTEMPTED TO BE
PERFORMED IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION, THE FATHER OF
THE UNBORN CHILD, OR THE GRANDPARENT OF THE UNBORN CHILD MAY MAINTAIN AN
ACTION AGAINST THE PERSON WHO PERFORMED OR ATTEMPTED TO PERFORM THE
ABORTION. THE PERSON WHO PERFORMED OR ATTEMPTED TO PERFORM THE ABORTION
MAY BE LIABLE IN SUCH AN ACTION FOR PUNITIVE DAMAGES NOT TO EXCEED TEN
THOUSAND DOLLARS AND FOR DAMAGES THE PLAINTIFF ACTUALLY SUSTAINED. NO
PLAINTIFF SHALL BE ESTOPPED FROM RECOVERY IN SUCH AN ACTION ON THE
GROUND THAT EITHER THE PLAINTIFF OR THE PERSON UPON WHOM THE ABORTION
WAS PERFORMED GAVE CONSENT TO THE ABORTION.
4. AN ABORTION PROVIDER WHO KNOWINGLY OR RECKLESSLY PERFORMED OR
ATTEMPTED TO PERFORM AN ABORTION IN VIOLATION OF THIS SECTION SHALL BE
CONSIDERED TO HAVE ENGAGED IN UNPROFESSIONAL CONDUCT FOR WHICH THE
CERTIFICATE OR LICENSE OF THE PROVIDER TO PROVIDE HEALTH CARE SERVICES
IN THIS STATE SHALL BE SUSPENDED OR REVOKED BY THE STATE BOARD FOR
PROFESSIONAL MEDICAL CONDUCT PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF
THIS TITLE, AS ADDED BY CHAPTER SIX HUNDRED SIX OF THE LAWS OF NINETEEN
HUNDRED NINETY-ONE.
5. IN EVERY PROCEEDING OR ACTION INSTITUTED UNDER THIS SECTION, THE
ANONYMITY OF ANY FEMALE UPON WHOM AN ABORTION IS PERFORMED OR ATTEMPTED
SHALL BE PRESERVED UNLESS SHE GIVES HER CONSENT TO SUCH DISCLOSURE. THE
COURT, UPON MOTION OR SUA SPONTE, SHALL ISSUE ORDERS TO THE PARTIES,
WITNESSES AND COUNSEL, AND SHALL DIRECT THE SEALING OF THE RECORD AND
EXCLUSION OF INDIVIDUALS FROM COURTROOMS OR HEARING ROOMS TO THE EXTENT
NECESSARY TO SAFEGUARD THE FEMALE'S IDENTITY FROM PUBLIC DISCLOSURE. IN
THE ABSENCE OF WRITTEN CONSENT OF THE FEMALE UPON WHOM AN ABORTION HAS
BEEN PERFORMED OR ATTEMPTED, ANY PLAINTIFF WHO INSTITUTES AN ACTION
UNDER SUBDIVISION THREE OF THIS SECTION SHALL DO SO UNDER A PSEUDONYM.
§ 2. If any provision, word, phrase or clause of this act or the
application thereof to any person or circumstance is held invalid, such
invalidity shall not affect the provisions, words, phrases, clause or
applications of this act which can be given effect without the invalid
provision, word, phrase, clause or application, and to this end, the
provisions, words, phrases, and clauses of this act are declared to be
severable. If the application of this act to the period of pregnancy
prior to viability is held invalid, then such invalidity shall not
affect its application to the period of pregnancy subsequent to viabil-
ity.
§ 3. This act shall take effect immediately.