senate Bill S3830

2017-2018 Legislative Session

Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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 03, 2018 referred to codes
Jan 27, 2017 referred to codes

Co-Sponsors

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S3830 (ACTIVE) - Details

See Assembly Version of this Bill:
A3579
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75 & 120.80, amd §§125.00 & 125.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4897, A2034
2011-2012: S4347, A1673
2013-2014: S1950, A3128
2015-2016: S2532, A6502
2019-2020: S1383, A3130

S3830 (ACTIVE) - 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.

S3830 (ACTIVE) - Sponsor Memo

S3830 (ACTIVE) - Bill Text download pdf


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

                                  3830

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 27, 2017
                               ___________

Introduced  by Sens. RITCHIE, CROCI, DeFRANCISCO, GOLDEN, LANZA, LARKIN,
  MARCHIONE, O'MARA, ORTT, YOUNG -- 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
woman makes a conscious choice to keep her baby and has the choice viol-

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

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