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
                                ___________
 
 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.