senate Bill S2129

2021-2022 Legislative Session

Establishes the crime of assault on a pregnant individual

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Women's Issues Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 04, 2022 defeated in women's issues
Mar 14, 2022 notice of committee consideration - requested
Jan 05, 2022 referred to women's issues
Jan 19, 2021 referred to women's issues

Votes

view votes

May 4, 2022 - Women's Issues committee Vote

S2129
2
4
committee
2
Aye
4
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Women's Issues committee vote details

Women's Issues Committee Vote: May 4, 2022

aye (2)
aye wr (1)

Co-Sponsors

view additional co-sponsors

S2129 (ACTIVE) - Details

See Assembly Version of this Bill:
A4843
Current Committee:
Senate Women's Issues
Law Section:
Penal Law
Laws Affected:
Add §120.05-a, amd §70.02, Pen L
Versions Introduced in 2019-2020 Legislative Session:
S4712, A7330

S2129 (ACTIVE) - Summary

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

S2129 (ACTIVE) - Sponsor Memo

S2129 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2129
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 19, 2021
                                ___________
 
 Introduced  by  Sens.  JORDAN, HELMING, AKSHAR, BOYLE, GALLIVAN, GRIFFO,
   O'MARA, ORTT, SERINO, TEDISCO -- 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  134 of the laws of 2019, is amended to read as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01535-01-1

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