NY State Senate Bill S2408

Archive: Last Bill Status - Stricken

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

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2019	recommit, enacting clause stricken
Jan 24, 2019	referred to women's issues

Co-Sponsors

S2408 (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Add §120.05-a, amd §70.02, Pen L

S2408 (ACTIVE) - Summary

Establishes the crime of assault on a pregnant individual as a class D felony.

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.

 
JUSTIFICATION:

On the night of May 21, 2018 and into the next morning, Livia Abreu's
ex-boyfriend accused her of cheating on him, and stabbed her multiple
times in the torso and chest with a household knife. She was 26 weeks
pregnant. For over 30 minutes, he prevented Abreu from calling 911 or
leaving the apartment to seek medical attention. Her unborn child died
and Abreu was hospitalized with injuries for about two weeks.  Several
weeks later, the Bronx District Attorney indicted her attacker with
second-degree attempted murder, first and second-degree abortion, first
and second-degree assault, and unlawful imprisonment.

Presently, the only statutes governing harm to a pregnant woman in New
York State would be the same statutes repealed by the Reproductive
Health Act (RHA). It is well established that these laws are intended
for and currently are used by law enforcement to prosecute those who
intentionally harm a woman because she is pregnant, the RHA contains no
new language recognizing crimes against women who choose to carry the
pregnancy to term. To say that current law or other statutes are suffi-
cient for what is all too common abuse is a disservice to these women.

New York State law currently provides and should continue to provide a
remedy to a woman who has had her reproductive freedom violated.
According to the American College of Obstetricians and Gynecologists,
approximately 324,000 pregnant women are abused each year in the United
States and the severity of intimate partner violence may escalate during
pregnancy and the postpartum period.

The Liv Act expressly recognizes the pregnant woman as the victim of
violence. While some may argue that Liv's attacker could still be
charged with second-degree attempted murder, first and second-degree
assault, and unlawful imprisonment, not one of these statutes would
account for how her pregnancy defined the harm she experience. The Liv
Act would ensure that whether or not there is a loss of pregnancy,
establishing the crime of assault against a pregnant woman makes it
clear that her choice will be protected and those wishing to take that
choice will be held responsible.
New York State has laws recognizing that pregnant women experience
discrimination at work. The State has laws recognizing the necessity of
maternity leave. New York State has announced investigations into preg-
nancy discrimination and retaliation by businesses and major corpo-
rations. The State has established the workgroups to look at reducing
maternal mortality rates, of which New York has some of the highest in
the nation. It would be unconscionable to fail to recognize the reality
of these crimes and the true nature of the harm experienced by pregnant
women.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

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.

                                                           LBD08661-01-9

S. 2408                             2

as defined in section 120.02, assault in the second degree as defined in
section 120.05, ASSAULT ON A PREGNANT INDIVIDUAL AS DEFINED  IN  SECTION
120.05-A,  menacing  a  police  officer  or  peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, labor trafficking as defined  in
paragraphs  (a) and (b) of subdivision three of section 135.35, criminal
possession of a weapon in the third degree  as  defined  in  subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a  victim  or witness in the second degree as defined in section 215.16,
soliciting or providing support for an act of terrorism  in  the  second
degree  as defined in section 490.10, and making a terroristic threat as
defined in section 490.20, falsely reporting an incident  in  the  first
degree  as  defined in section 240.60, placing a false bomb or hazardous
substance in the first degree as defined in section  240.62,  placing  a
false  bomb  or  hazardous  substance in a sports stadium or arena, mass
transportation facility or enclosed shopping mall as defined in  section
240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
first degree as defined in section 405.18.
  § 4. This act shall take effect immediately.

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The New York State Senate

senate Bill S2408

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Archive: Last Bill Status - Stricken

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Co-Sponsors

S2408 (ACTIVE) - Details

S2408 (ACTIVE) - Summary

S2408 (ACTIVE) - Sponsor Memo

S2408 (ACTIVE) - Bill Text download pdf

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senate Bill S2408

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Sponsored By

Catharine Young

Archive: Last Bill Status - Stricken

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Co-Sponsors

Rich Funke

Daphne Jordan

James Tedisco

S2408 (ACTIVE) - Details

S2408 (ACTIVE) - Summary

S2408 (ACTIVE) - Sponsor Memo

S2408 (ACTIVE) - Bill Text download pdf

Comments