NY State Senate Bill 2019-S5332

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Apr 26, 2019	referred to health

co-Sponsors

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2019-S5332 (ACTIVE) - Details

See Assembly Version of this Bill:: A7816
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §2599-cc, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2569, A4429
2023-2024: S1696, A3601

2019-S5332 (ACTIVE) - Summary

Relates to establishing the born alive abortion survivors' protection act.

2019-S5332 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5332

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the public health law, in relation to
establishing the born alive abortion survivors' protection act

 
PURPOSE:

This bill would amend the Public Health Law to establish the Born Alive
Abortion Survivors' Protection Act.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law to add a new section 2599-cc to
establish the born alive abortion survivors' protection act. This
section would require any health care practitioner present at the time a
child is born alive during an abortion or attempted abortion procedure
to exercise the same degree or care to preserve the life and health of
the child as a reasonably diligent and conscientious health care practi-
tioner would render to any other child born alive at the same gestation-
al age, and ensure the child born alive is immediately transported and

admitted to the hospital. Additionally, establishes a reporting require-
ment on health care practitioners that have knowledge of a failure to
comply with these requirements, and establishes any violation of these
provisions as a class A misdemeanor. Any individual that intentionally
performs or attempts to perform an overact that kills a child born alive
shall be guilty attempted murder or murder in the second degree. These
provisions explicitly state that the mother of the child born alive may
not be prosecuted for violation of this section, and allow the mother to
bring a civil action against any person in violation of these
provisions.

Section 2 establishes the effective date.

 
EXISTING LAW:

Chapter 1 of the laws of 2019 enacted the Reproductive Health Act in New
York. Section 3 of the bill repealed Public Health Law § 4164 which
contained protections for an infant born alive as a result of an
abortion. Currently under New York State law, there are no protections
for infants born alive as a result of an abortion procedure.

 
JUSTIFICATION:

On January 22, 2019, New York eradicated all legal protections in law
for infants born alive as the result of an abortion procedure. The
repeal of these provisions is not only morally reprehensible, but also
jeopardizes the health and safety of infants throughout New York State.

Section 4130 of the public health law is clear, a "live birth" is
defined as "the complete expulsion or extraction from its mother of a
product of conception, irrespective of the duration of the pregnancy,
which, after such separation, breathes or shows any other evidence of
life such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles . . . each product of such a
birth is considered live born." Therefore, an infant born alive, as the
result of an abortion procedure, deserves the same legal protections as
any other infant born in this state.

This legislation re-establishes what should be an undebatable fact,
infants born alive are human beings deserving of public protection. For
these reasons, the bill reinstates penal law protections where an indi-
vidual intentionally performs or attempts to perform an overt act that
kills a child born alive as the result of an abortion. New York State
has a long history of advocating and protecting those without a voice,
and this bill ensures the State's continued commitment to this goal.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S5332 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5332
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 26, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   born alive abortion survivors' protection act
 
   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
 2599-cc to read as follows:
   §  2599-CC. THE BORN ALIVE ABORTION SURVIVORS' PROTECTION ACT. 1.  ANY
 HEALTH CARE PRACTITIONER PRESENT AT THE TIME THE  CHILD  IS  BORN  ALIVE
 DURING AN ABORTION OR ATTEMPTED ABORTION PROCEDURE SHALL:
   (A)  EXERCISE  THE  SAME DEGREE OF PROFESSIONAL SKILL, CARE, AND DILI-
 GENCE TO PRESERVE THE LIFE AND HEALTH OF THE CHILD AS A REASONABLY DILI-
 GENT AND CONSCIENTIOUS HEALTH CARE  PRACTITIONER  WOULD  RENDER  TO  ANY
 OTHER CHILD BORN ALIVE AT THE SAME GESTATIONAL AGE; AND
   (B)  FOLLOWING  THE  EXERCISE  OF  SKILL, CARE, AND DILIGENCE REQUIRED
 UNDER PARAGRAPH (A) OF THIS SUBDIVISION,  ENSURE  THAT  THE  CHILD  BORN
 ALIVE IS IMMEDIATELY TRANSPORTED AND ADMITTED TO A HOSPITAL.
   2. A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER
 TITLE  EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL SCOPE
 OF PRACTICE, WHO HAS KNOWLEDGE OF A FAILURE TO COMPLY WITH THE  REQUIRE-
 MENTS  OF  SUBDIVISION  ONE OF THIS SECTION SHALL IMMEDIATELY REPORT THE
 FAILURE TO AN APPROPRIATE STATE OR FEDERAL LAW ENFORCEMENT AGENCY, OR TO
 BOTH.
   A VIOLATION OF THIS SUBDIVISION IS A CLASS A MISDEMEANOR.
   3. AN INDIVIDUAL THAT INTENTIONALLY PERFORMS OR ATTEMPTS TO PERFORM AN
 OVERT ACT THAT KILLS A CHILD BORN ALIVE DESCRIBED UNDER PARAGRAPH (A) OF
 SUBDIVISION ONE OF THIS SECTION, SHALL BE GUILTY UNDER SECTION 125.25 OR
 110.05 OF THE PENAL LAW FOR INTENTIONALLY KILLING OR ATTEMPTING TO  KILL
 A HUMAN BEING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11069-02-9

 S. 5332                             2
 
   4. THE MOTHER OF A CHILD BORN ALIVE DESCRIBED UNDER SUBDIVISION ONE OF
 THIS  SECTION  MAY NOT BE PROSECUTED FOR A VIOLATION OF THIS SECTION, AN
 ATTEMPT TO VIOLATE THIS SECTION, A CONSPIRACY TO VIOLATE  THIS  SECTION,
 OR  AN  OFFENSE  UNDER SUBDIVISION TWO OR THREE OF THIS SECTION BASED ON
 SUCH A VIOLATION.
   5.  IF  A  CHILD IS BORN ALIVE AND THERE IS A VIOLATION OF SUBDIVISION
 ONE OF THIS SECTION, THE MOTHER OF THE CHILD BORN ALIVE  UPON  WHOM  THE
 ABORTION  WAS  PERFORMED OR ATTEMPTED MAY, IN A CIVIL ACTION AGAINST ANY
 PERSON WHO COMMITTED THE VIOLATION,  OBTAIN  APPROPRIATE  RELIEF,  WHICH
 SHALL INCLUDE:
   (A)  ACTUAL MONEY DAMAGE FOR ALL INJURIES, PSYCHOLOGICAL AND PHYSICAL,
 CAUSED BY THE VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
   (B) STATUTORY DAMAGES EQUAL TO THREE TIMES THE COST OF THE ABORTION OR
 ATTEMPTED ABORTION; AND
   (C) PUNITIVE DAMAGES.
   6. IF JUDGMENT IS RENDERED IN FAVOR OF THE  PLAINTIFF  IN  ANY  ACTION
 AUTHORIZED  UNDER  THIS  SECTION, THE COURT SHALL ALSO AWARD, AS PART OF
 THE COSTS, REASONABLE ATTORNEYS' FEES IN FAVOR OF THE PLAINTIFF  AGAINST
 THE DEFENDANT. IF JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT AND THE
 COURT  FINDS  THAT  THE PLAINTIFF'S SUIT WAS FRIVOLOUS OR BROUGHT IN BAD
 FAITH, THEN THE COURT SHALL AWARD, AS  PART  OF  THE  COSTS,  REASONABLE
 ATTORNEYS' FEES IN FAVOR OF THE DEFENDANT AGAINST THE PLAINTIFF.
   7. AS USED IN THIS SECTION:
   (A)  "ATTEMPT"  MEANS WITH RESPECT TO AN ABORTION, CONDUCT THAT, UNDER
 THE CIRCUMSTANCES AS THE  ACTOR  BELIEVES  THEM  TO  BE,  CONSTITUTES  A
 SUBSTANTIAL STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN PERFORM-
 ING AN ABORTION.
   (B)  "BORN  ALIVE" HAS THE SAME MEANING AS DEFINED IN SECTION EIGHT OF
 TITLE ONE OF THE UNITED STATES CODE.
   § 2. This act shall take effect immediately.

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Senate Bill S5332

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

2019-S5332 (ACTIVE) - Details

2019-S5332 (ACTIVE) - Summary

2019-S5332 (ACTIVE) - Sponsor Memo

2019-S5332 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5332

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Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Health Committee

co-Sponsors

Fred Akshar

Patrick M. Gallivan

Chris Jacobs

Daphne Jordan

2019-S5332 (ACTIVE) - Details

2019-S5332 (ACTIVE) - Summary

2019-S5332 (ACTIVE) - Sponsor Memo

2019-S5332 (ACTIVE) - Bill Text download pdf

Comments