Assembly Bill A3604

2023-2024 Legislative Session

Establishes the crime of assault on a pregnant woman

download bill text pdf

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Current Bill Status - In Assembly 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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2023-A3604 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§120.05-a & 120.10-a, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6799
2021-2022: A4367

2023-A3604 (ACTIVE) - Summary

Establishes the crimes of assault on a pregnant woman in the second degree as a class D felony and assault on a pregnant woman in the first degree as a class C felony.

2023-A3604 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3604
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by M. of A. MANKTELOW, REILLY, GOODELL, DeSTEFANO, BRABENEC,
   BLANKENBUSH, J. M. GIGLIO, BYRNES, FRIEND, MORINELLO, DiPIETRO,  MIKU-
   LIN,  McDONOUGH,  HAWLEY,  WALSH,  PALMESANO,  MILLER,  BARCLAY, COOK,
   DURSO, TANNOUSIS, SMULLEN, ANGELINO -- read once and referred  to  the
   Committee on Codes

 AN  ACT to amend the penal law, in relation to establishing the crime of
   assault on a pregnant woman
 
   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 a new section 120.05-a to read
 as follows:
 § 120.05-A ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE
 WHEN HE OR SHE INTENTIONALLY CAUSES INJURY TO A WOMAN HE OR SHE KNOWS OR
 HAS REASON TO KNOW IS PREGNANT OR CAUSES INJURY TO HER UNBORN CHILD.
   1.  FOR  THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY
 TO HER UNBORN CHILD.
   2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING  TO  AN
 ABORTION  FOR  WHICH  THE  CONSENT  OF  THE  PREGNANT WOMAN, OR A PERSON
 AUTHORIZED BY LAW TO ACT ON BEHALF  OF  THE  PREGNANT  WOMAN,  HAS  BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
   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 WOMAN IN THE SECOND DEGREE IS A CLASS D FELONY.
   § 3. The penal law is amended by adding a new section 120.10-a to read
 as follows:
 § 120.10-A ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04166-01-3
              

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