Senate Bill S2669

2021-2022 Legislative Session

Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2021-S2669 (ACTIVE) - Details

See Assembly Version of this Bill:
A5729
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.75 & 120.80, amd §§125.00 & 125.05, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S4897, A2034
2011-2012: S4347, A1673
2013-2014: S1950, A3128
2015-2016: S2532, A6502
2017-2018: S3830, A3579
2019-2020: S1383, A3130
2023-2024: S5308

2021-S2669 (ACTIVE) - Summary

Provides that either a person or an unborn child in any stage of gestation may be the victim of an assault or homicide; also states situations when it does not constitute an assault on an unborn child such as during the course of an otherwise lawful abortion, during normal medical treatment or by the pregnant woman; defines "person" to include any human being who is born and is alive or an unborn child at any stage of gestation.

2021-S2669 (ACTIVE) - Sponsor Memo

2021-S2669 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2669
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 Introduced  by Sens. RITCHIE, BOYLE, JORDAN, LANZA, O'MARA, ORTT -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee on Codes
 
 AN  ACT  to  amend  the  penal law, in relation to the unborn victims of
   violence act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Legislative  intent.   The legislature hereby finds and
 declares that a  significant  loophole  exists  in  state  law,  denying
 protection to pregnant women and certain children.  Currently, an offen-
 der  may  not  be  held  criminally responsible for the harm caused to a
 child unless that child has first been born alive.  Therefore, an assai-
 lant who shoots a woman who is seven months pregnant, and kills both the
 woman and her child, may only be charged with the homicide of the mother
 since the infant is not considered a legal victim of the crime.
   New York state policy lags behind most states in this  area  of  crime
 victims'  protection.    Thirty-one  states  now  provide protection and
 justice for pregnant women and their unborn children who are victims  of
 violence.
   The  legislature  further  finds  and declares that current statistics
 demonstrate that domestic abuse and  violence  against  women  increases
 during pregnancy.  It is estimated that one in five women will be abused
 during  pregnancy.  A study in the Journal of the American Medical Asso-
 ciation found that in the state of Maryland, a pregnant  woman  is  more
 likely  to  be  a  victim  of a homicide than to die of any other cause.
 Thus, rather than pregnancy being a peaceful time of preparation and the
 growth of a healthy child, for many women it can be a time of  violence,
 grief and loss.
   Compounding  this tragedy is the loophole in current law, which denies
 effective protection and remedy to women and their  children.    When  a
 woman makes a conscious choice to keep her baby and has the choice viol-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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