|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 18, 2019||recommit, enacting clause stricken|
|Jan 24, 2019||referred to women's issues|
senate Bill S2408
Current Bill Status - Stricken
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2408 (ACTIVE) - Details
- Law Section:
- Penal Law
- Laws Affected:
- Add §120.05-a, amd §70.02, Pen L
S2408 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2408 SPONSOR: YOUNG TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the crime of assault on a pregnant individual PURPOSE: To establish the crime of assault on a pregnant individual. SUMMARY OF PROVISIONS: Section one states the title of the Liv Act. Section two adds new section 120.09 to the penal code. It provides that a person who knowingly or intentionally causes injury to pregnant indi- vidual shall be guilty of assault. Exempts pregnant individuals, appli- cable medical providers and other individuals as required by law. Section three makes conforming changes to section Section four provides the effective date.
S2408 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2408 2019-2020 Regular Sessions I N S E N A T E January 24, 2019 ___________ Introduced by Sen. YOUNG -- read twice and ordered printed, and when printed to be committed to the Committee on Women's Issues AN ACT to amend the penal law, in relation to establishing the crime of assault on a pregnant individual THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "Liv Act." § 2. The penal law is amended by adding new section 120.05-a to read as follows: § 120.05-A ASSAULT ON A PREGNANT INDIVIDUAL. A PERSON IS GUILTY OF ASSAULT ON A PREGNANT INDIVIDUAL WHEN HE OR SHE INTENTIONALLY OR KNOWINGLY CAUSES INJURY TO AN INDIVIDUAL HE OR SHE KNOWS OR HAS REASON TO KNOW IS PREGNANT. 1. FOR THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY THAT RESULTS IN THE TERMINATION OF A PREGNANCY. 2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY: A. A PREGNANT INDIVIDUAL OR ANY PERSON PROVIDING TREATMENT RELATING TO AN ABORTION FOR WHICH THE CONSENT OF THE PREGNANT INDIVIDUAL, OR A PERSON AUTHORIZED BY LAW TO ACT ON BEHALF OF THE PREGNANT INDIVIDUAL, HAS BEEN OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT INDIVID- UAL. 3. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS GOVERNING HEALTH PROCEDURES. ASSAULT ON A PREGNANT INDIVIDUAL IS A CLASS D FELONY. § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law, as amended by chapter 368 of the laws of 2015, is amended to read as follows: (c) Class D violent felony offenses: an attempt to commit any of the class C felonies set forth in paragraph (b); reckless assault of a child EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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