LBD09010-01-1
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PUBLIC HEALTH LAW SHALL BE COMPLIED WITH IN REGARD TO SUCH ABORTED
CHILD.
4. IN THE EVENT OF THE SUBSEQUENT DEATH OF THE ABORTED CHILD, THE
DISPOSAL OF THE DEAD BODY SHALL BE IN ACCORDANCE WITH THE REQUIREMENTS
OF THIS CHAPTER.
§ 4. Section 6811 of the education law is amended by adding a new
subdivision 8 to read as follows:
8. ANY PERSON TO SELL OR DISTRIBUTE ANY INSTRUMENT OR ARTICLE, OR ANY
RECIPE, DRUG OR MEDICINE FOR THE PREVENTION OF CONCEPTION TO A MINOR
UNDER THE AGE OF SIXTEEN YEARS; THE SALE OR DISTRIBUTION OF SUCH TO A
PERSON OTHER THAN A MINOR UNDER THE AGE OF SIXTEEN YEARS IS AUTHORIZED
ONLY BY A LICENSED PHARMACIST BUT THE ADVERTISEMENT OR DISPLAY OF SAID
ARTICLES, WITHIN OR WITHOUT THE PREMISES OF SUCH PHARMACY IS HEREBY
PROHIBITED;
§ 5. Section 125.05 of the penal law, the section heading, opening
paragraph and closing paragraph as amended by chapter 1 of the laws of
2019, is amended to read as follows:
§ 125.05 Homicide, ABORTION and related offenses; [definition] DEFI-
NITIONS OF TERMS.
The following [definition is] DEFINITIONS ARE applicable to this arti-
cle:
1. "Person," when referring to the victim of a homicide, means a human
being who has been born and is alive.
2. "ABORTIONAL ACT" MEANS AN ACT COMMITTED UPON OR WITH RESPECT TO A
FEMALE, WHETHER BY ANOTHER PERSON OR BY THE FEMALE HERSELF, WHETHER SHE
IS PREGNANT OR NOT, WHETHER DIRECTLY UPON HER BODY OR BY THE ADMINISTER-
ING, TAKING OR PRESCRIBING OF DRUGS OR IN ANY OTHER MANNER, WITH INTENT
TO CAUSE A MISCARRIAGE OF SUCH FEMALE.
3. "JUSTIFIABLE ABORTIONAL ACT." AN ABORTIONAL ACT IS JUSTIFIABLE WHEN
COMMITTED UPON A FEMALE WITH HER CONSENT BY A DULY LICENSED PHYSICIAN
ACTING (A) UNDER A REASONABLE BELIEF THAT SUCH IS NECESSARY TO PRESERVE
HER LIFE, OR, (B) WITHIN TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF HER
PREGNANCY. A PREGNANT FEMALE`S COMMISSION OF AN ABORTIONAL ACT UPON
HERSELF IS JUSTIFIABLE WHEN SHE ACTS UPON THE ADVICE OF A DULY LICENSED
PHYSICIAN (1) THAT SUCH ACT IS NECESSARY TO PRESERVE HER LIFE, OR, (2)
WITHIN TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF HER PREGNANCY. THE
SUBMISSION BY A FEMALE TO AN ABORTIONAL ACT IS JUSTIFIABLE WHEN SHE
BELIEVES THAT IT IS BEING COMMITTED BY A DULY LICENSED PHYSICIAN, ACTING
UNDER A REASONABLE BELIEF THAT SUCH ACT IS NECESSARY TO PRESERVE HER
LIFE, OR, WITHIN TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF HER PREGNAN-
CY.
§ 6. The penal law is amended by adding five new sections 125.40,
125.45, 125.50, 125.55 and 125.60 to read as follows:
§ 125.40 ABORTION IN THE SECOND DEGREE.
A PERSON IS GUILTY OF ABORTION IN THE SECOND DEGREE WHEN HE OR SHE
COMMITS UPON A FEMALE PREGNANT FOR MORE THAN TWENTY-FOUR WEEKS AN ABOR-
TIONAL ACT WHICH CAUSES THE MISCARRIAGE OF SUCH FEMALE, UNLESS SUCH
ABORTIONAL ACT IS JUSTIFIABLE PURSUANT TO SUBDIVISION THREE OF SECTION
125.05 OF THIS ARTICLE.
ABORTION IN THE SECOND DEGREE IS A CLASS E FELONY.
§ 125.45 ABORTION IN THE FIRST DEGREE.
A PERSON IS GUILTY OF ABORTION IN THE FIRST DEGREE WHEN HE OR SHE
COMMITS UPON A FEMALE PREGNANT FOR MORE THAN TWENTY-FOUR WEEKS AN ABOR-
TIONAL ACT WHICH CAUSES THE MISCARRIAGE OF SUCH FEMALE, UNLESS SUCH
ABORTIONAL ACT IS JUSTIFIABLE PURSUANT TO SUBDIVISION THREE OF SECTION
125.05 OF THIS ARTICLE.
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ABORTION IN THE FIRST DEGREE IS A CLASS D FELONY.
§ 125.50 SELF-ABORTION IN THE SECOND DEGREE.
A FEMALE IS GUILTY OF SELF-ABORTION IN THE SECOND DEGREE WHEN, BEING
PREGNANT, SHE COMMITS OR SUBMITS TO AN ABORTIONAL ACT UPON HERSELF,
UNLESS SUCH ABORTIONAL ACT IS JUSTIFIABLE PURSUANT TO SUBDIVISION THREE
OF SECTION 125.05 OF THIS ARTICLE.
SELF-ABORTION IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
§ 125.55 SELF-ABORTION IN THE FIRST DEGREE.
A FEMALE IS GUILTY OF SELF-ABORTION IN THE FIRST DEGREE WHEN, BEING
PREGNANT FOR MORE THAN TWENTY-FOUR WEEKS, SHE COMMITS OR SUBMITS TO AN
ABORTIONAL ACT UPON HERSELF WHICH CAUSES HER MISCARRIAGE, UNLESS SUCH
ABORTIONAL ACT IS JUSTIFIABLE PURSUANT TO SUBDIVISION THREE OF SECTION
125.05 OF THIS ARTICLE.
SELF-ABORTION IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
§ 125.60 ISSUING ABORTIONAL ARTICLES.
A PERSON IS GUILTY OF ISSUING ABORTIONAL ARTICLES WHEN HE OR SHE MANU-
FACTURES, SELLS OR DELIVERS ANY INSTRUMENT, ARTICLE, MEDICINE, DRUG OR
SUBSTANCE WITH INTENT THAT THE SAME BE USED IN UNLAWFULLY PROCURING THE
MISCARRIAGE OF A FEMALE.
ISSUING ABORTIONAL ARTICLES IS A CLASS B MISDEMEANOR.
§ 7. Section 125.00 of the penal law, as amended by chapter 1 of the
laws of 2019, is amended to read as follows:
§ 125.00 Homicide defined.
Homicide means conduct which causes the death of a person OR AN UNBORN
CHILD WITH WHICH A FEMALE HAS BEEN PREGNANT FOR MORE THAN TWENTY-FOUR
WEEKS under circumstances constituting murder, manslaughter in the first
degree, manslaughter in the second degree, [or] criminally negligent
homicide, ABORTION IN THE FIRST DEGREE OR SELF-ABORTION IN THE FIRST
DEGREE.
§ 8. Section 125.15 of the penal law is amended by adding a new subdi-
vision 2 to read as follows:
2. HE COMMITS UPON A FEMALE AN ABORTIONAL ACT WHICH CAUSES HER DEATH,
UNLESS SUCH ABORTIONAL ACT IS JUSTIFIABLE PURSUANT TO SUBDIVISION THREE
OF SECTION 125.05 OF THIS ARTICLE; OR
§ 9. Section 125.20 of the penal law is amended by adding a new subdi-
vision 3 to read as follows:
3. HE COMMITS UPON A FEMALE PREGNANT FOR MORE THAN TWENTY-FOUR WEEKS
AN ABORTIONAL ACT WHICH CAUSES HER DEATH, UNLESS SUCH ABORTIONAL ACT IS
JUSTIFIABLE PURSUANT TO SUBDIVISION THREE OF SECTION 125.05; OR
§ 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
procedure law, as amended by chapter 134 of the laws of 2019, is amended
to read as follows:
(b) Any of the following felonies: assault in the second degree as
defined in section 120.05 of the penal law, assault in the first degree
as defined in section 120.10 of the penal law, reckless endangerment in
the first degree as defined in section 120.25 of the penal law, promot-
ing a suicide attempt as defined in section 120.30 of the penal law,
strangulation in the second degree as defined in section 121.12 of the
penal law, strangulation in the first degree as defined in section
121.13 of the penal law, criminally negligent homicide as defined in
section 125.10 of the penal law, manslaughter in the second degree as
defined in section 125.15 of the penal law, manslaughter in the first
degree as defined in section 125.20 of the penal law, murder in the
second degree as defined in section 125.25 of the penal law, murder in
the first degree as defined in section 125.27 of the penal law, ABORTION
IN THE SECOND DEGREE AS DEFINED IN SECTION 125.40 OF THE PENAL LAW,
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ABORTION IN THE FIRST DEGREE AS DEFINED IN SECTION 125.45 OF THE PENAL
LAW, rape in the third degree as defined in section 130.25 of the penal
law, rape in the second degree as defined in section 130.30 of the penal
law, rape in the first degree as defined in section 130.35 of the penal
law, criminal sexual act in the third degree as defined in section
130.40 of the penal law, criminal sexual act in the second degree as
defined in section 130.45 of the penal law, criminal sexual act in the
first degree as defined in section 130.50 of the penal law, sexual abuse
in the first degree as defined in section 130.65 of the penal law,
unlawful imprisonment in the first degree as defined in section 135.10
of the penal law, kidnapping in the second degree as defined in section
135.20 of the penal law, kidnapping in the first degree as defined in
section 135.25 of the penal law, labor trafficking as defined in section
135.35 of the penal law, aggravated labor trafficking as defined in
section 135.37 of the penal law, custodial interference in the first
degree as defined in section 135.50 of the penal law, coercion in the
first degree as defined in section 135.65 of the penal law, criminal
trespass in the first degree as defined in section 140.17 of the penal
law, burglary in the third degree as defined in section 140.20 of the
penal law, burglary in the second degree as defined in section 140.25 of
the penal law, burglary in the first degree as defined in section 140.30
of the penal law, criminal mischief in the third degree as defined in
section 145.05 of the penal law, criminal mischief in the second degree
as defined in section 145.10 of the penal law, criminal mischief in the
first degree as defined in section 145.12 of the penal law, criminal
tampering in the first degree as defined in section 145.20 of the penal
law, arson in the fourth degree as defined in section 150.05 of the
penal law, arson in the third degree as defined in section 150.10 of the
penal law, arson in the second degree as defined in section 150.15 of
the penal law, arson in the first degree as defined in section 150.20 of
the penal law, grand larceny in the fourth degree as defined in section
155.30 of the penal law, grand larceny in the third degree as defined in
section 155.35 of the penal law, grand larceny in the second degree as
defined in section 155.40 of the penal law, grand larceny in the first
degree as defined in section 155.42 of the penal law, health care fraud
in the fourth degree as defined in section 177.10 of the penal law,
health care fraud in the third degree as defined in section 177.15 of
the penal law, health care fraud in the second degree as defined in
section 177.20 of the penal law, health care fraud in the first degree
as defined in section 177.25 of the penal law, robbery in the third
degree as defined in section 160.05 of the penal law, robbery in the
second degree as defined in section 160.10 of the penal law, robbery in
the first degree as defined in section 160.15 of the penal law, unlawful
use of secret scientific material as defined in section 165.07 of the
penal law, criminal possession of stolen property in the fourth degree
as defined in section 165.45 of the penal law, criminal possession of
stolen property in the third degree as defined in section 165.50 of the
penal law, criminal possession of stolen property in the second degree
as defined by section 165.52 of the penal law, criminal possession of
stolen property in the first degree as defined by section 165.54 of the
penal law, trademark counterfeiting in the second degree as defined in
section 165.72 of the penal law, trademark counterfeiting in the first
degree as defined in section 165.73 of the penal law, forgery in the
second degree as defined in section 170.10 of the penal law, forgery in
the first degree as defined in section 170.15 of the penal law, criminal
possession of a forged instrument in the second degree as defined in
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section 170.25 of the penal law, criminal possession of a forged instru-
ment in the first degree as defined in section 170.30 of the penal law,
criminal possession of forgery devices as defined in section 170.40 of
the penal law, falsifying business records in the first degree as
defined in section 175.10 of the penal law, tampering with public
records in the first degree as defined in section 175.25 of the penal
law, offering a false instrument for filing in the first degree as
defined in section 175.35 of the penal law, issuing a false certificate
as defined in section 175.40 of the penal law, criminal diversion of
prescription medications and prescriptions in the second degree as
defined in section 178.20 of the penal law, criminal diversion of
prescription medications and prescriptions in the first degree as
defined in section 178.25 of the penal law, residential mortgage fraud
in the fourth degree as defined in section 187.10 of the penal law,
residential mortgage fraud in the third degree as defined in section
187.15 of the penal law, residential mortgage fraud in the second degree
as defined in section 187.20 of the penal law, residential mortgage
fraud in the first degree as defined in section 187.25 of the penal law,
escape in the second degree as defined in section 205.10 of the penal
law, escape in the first degree as defined in section 205.15 of the
penal law, absconding from temporary release in the first degree as
defined in section 205.17 of the penal law, promoting prison contraband
in the first degree as defined in section 205.25 of the penal law,
hindering prosecution in the second degree as defined in section 205.60
of the penal law, hindering prosecution in the first degree as defined
in section 205.65 of the penal law, sex trafficking as defined in
section 230.34 of the penal law, sex trafficking of a child as defined
in section 230.34-a of the penal law, criminal possession of a weapon in
the third degree as defined in subdivisions two, three and five of
section 265.02 of the penal law, criminal possession of a weapon in the
second degree as defined in section 265.03 of the penal law, criminal
possession of a weapon in the first degree as defined in section 265.04
of the penal law, manufacture, transport, disposition and defacement of
weapons and dangerous instruments and appliances defined as felonies in
subdivisions one, two, and three of section 265.10 of the penal law,
sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
of weapons as defined in subdivision two of section 265.35 of the penal
law, relating to firearms and other dangerous weapons, criminal manufac-
ture, sale or transport of an undetectable firearm, rifle or shotgun as
defined in section 265.50 of the penal law, or failure to disclose the
origin of a recording in the first degree as defined in section 275.40
of the penal law;
§ 11. Subdivision 1 of section 673 of the county law, as amended by
chapter 1 of the laws of 2019, is amended to read as follows:
1. A coroner or medical examiner has jurisdiction and authority to
investigate the death of every person dying within his county, or whose
body is found within the county, which is or appears to be:
(a) A violent death, whether by criminal violence, suicide or casual-
ty;
(b) A death caused by unlawful act or criminal neglect;
(c) A death occurring in a suspicious, unusual or unexplained manner;
(d) A DEATH CAUSED BY SUSPECTED CRIMINAL ABORTION;
(E) A death while unattended by a physician, so far as can be discov-
ered, or where no physician able to certify the cause of death as
provided in the public health law and in form as prescribed by the
commissioner of health can be found;
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[(e)] (F) A death of a person confined in a public institution other
than a hospital, infirmary or nursing home.
§ 12. Section 4 of the judiciary law, as amended by chapter 1 of the
laws of 2019, is amended to read as follows:
§ 4. Sittings of courts to be public. The sittings of every court
within this state shall be public, and every citizen may freely attend
the same, except that in all proceedings and trials in cases for
divorce, seduction, ABORTION, rape, assault with intent to commit rape,
criminal sexual act, bastardy or filiation, the court may, in its
discretion, exclude therefrom all persons who are not directly inter-
ested therein, excepting jurors, witnesses, and officers of the court.
§ 13. Severability. If any provision of this act, or any application
of any provision of this act, is held to be invalid, that shall not
affect the validity or effectiveness of any other provision of this act,
or of any other application of any provision of this act, which can be
given effect without that provision or application; and to that end, the
provisions and applications of this act are severable.
§ 14. This act shall take effect immediately.