senate Bill S2408

2019-2020 Legislative Session

Establishes the crime of assault on a pregnant individual

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Women 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 24, 2019 referred to women's issues

Co-Sponsors

S2408 - Details

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

S2408 - Summary

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

S2408 - Sponsor Memo

S2408 - 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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