assembly Bill A5389

2019-2020 Legislative Session

Establishes the requirement of testing for a fetal heartbeat prior to the performance of an abortion, establishing standards for informed consent

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Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 13, 2020 held for consideration in health
Jan 08, 2020 referred to health
Feb 11, 2019 referred to health

Co-Sponsors

A5389 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Add Art 41 Title V-B §§4164-a - 4164-l, Pub Health L; amd §6530, Ed L; add §125.41, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8947
2015-2016: A3725
2017-2018: A5384

A5389 (ACTIVE) - Summary

Establishes the requirement of testing for a fetal heartbeat prior to the performance of an abortion; establishes standards for informed consent; directs the department of public health to prepare and disseminate certain materials regarding abortion and providing for certain civil remedies; expands the definition of medical professional misconduct to include certain acts of abortion and authorizes certain sanctions for violations (view more) criminalizes the performance of an abortion under certain circumstances; establishes the joint legislative committee on adoption promotion and support; provides for certain remedies in the event that the supreme court of the United States overrules Roe v. Wade; and authorizes the commissioner of the department of public health to promulgate certain rules and regulations.

A5389 (ACTIVE) - Bill Text download pdf


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

                                  5389

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2019
                               ___________

Introduced  by  M.  of  A.  DiPIETRO,  FRIEND,  HAWLEY  -- read once and
  referred to the Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  requirement  of testing for a fetal heartbeat prior to the performance
  of an abortion, establishing standards for informed consent, directing
  the department of public health to  prepare  and  disseminate  certain
  materials regarding abortion and providing for certain civil remedies;
  to amend the education law, in relation to expanding the definition of
  medical  professional  misconduct  to include certain acts of abortion
  and authorizing certain sanctions for violations; to amend  the  penal
  law, in relation to criminalizing the performance of an abortion under
  certain circumstances; to establish the joint legislative committee on
  adoption promotion and support; to provide for certain remedies in the
  event  that  the  supreme  court of the United States overrules ROE V.
  WADE; and to authorize the commissioner of the department of health to
  promulgate certain rules and regulations

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

  Section  1.  The  legislature  declares  that  it  finds, according to
contemporary medical research, all of the following:
  1. As many as thirty percent of natural pregnancies end in spontaneous
miscarriage.
  2. Less than five percent of all natural pregnancies end in  spontane-
ous miscarriage after detection of fetal cardiac activity.
  3.  Over  ninety  percent  of  in  vitro pregnancies survive the first
trimester if cardiac activity is detected in the gestational sac.
  4. Nearly ninety percent of in vitro pregnancies do  not  survive  the
first trimester where cardiac activity is not detected in the gestation-
al sac.
  5. Fetal heartbeat, therefore, has become a key medical predictor that
an unborn human individual will reach live birth.

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