Assembly Bill A2198

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2198
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW,  ANGELINO, BRABENEC, BLANKENBUSH,
   BARCLAY, COOK, DURSO, DeSTEFANO, DiPIETRO, HAWLEY, FRIEND,  MORINELLO,
   MIKULIN,  McDONOUGH,  MILLER,  PALMESANO,  REILLY, SMULLEN, TANNOUSIS,
   WALSH -- 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 person
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title.  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 PERSON IN THE SECOND DEGREE.
   AN  INDIVIDUAL IS GUILTY OF ASSAULT ON A PREGNANT PERSON IN THE SECOND
 DEGREE WHEN SUCH INDIVIDUAL INTENTIONALLY CAUSES INJURY TO A PERSON SUCH
 INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PREGNANT OR CAUSES  INJURY  TO
 SUCH PERSON'S UNBORN CHILD.
   1.  FOR  THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY
 TO A PREGNANT PERSON'S UNBORN CHILD.
   2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT PERSON OR ANY PERSON PROVIDING TREATMENT RELATING TO  AN
 ABORTION  FOR  WHICH  THE  CONSENT  OF  THE PREGNANT PERSON, OR A PERSON
 AUTHORIZED BY LAW TO ACT ON BEHALF OF  THE  PREGNANT  PERSON,  HAS  BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT PERSON.
   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 PERSON 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:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01867-01-5
              

 A. 2198                             2
 
 § 120.10-A ASSAULT ON A PREGNANT PERSON IN THE FIRST DEGREE.
   AN  INDIVIDUAL  IS GUILTY OF ASSAULT ON A PREGNANT PERSON IN THE FIRST
 DEGREE WHEN SUCH INDIVIDUAL INTENTIONALLY CAUSES  SERIOUS  INJURY  TO  A
 PERSON  THAT  SUCH INDIVIDUAL KNOWS OR HAS REASON TO KNOW IS PREGNANT OR
 CAUSES THE DEATH OF SUCH PERSON'S UNBORN CHILD.
   1. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT PERSON OR ANY PERSON PROVIDING TREATMENT RELATING TO  AN
 ABORTION  FOR  WHICH  THE  CONSENT  OF  THE PREGNANT PERSON, OR A PERSON
 AUTHORIZED BY LAW TO ACT ON BEHALF OF  THE  PREGNANT  PERSON,  HAS  BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT PERSON.
   2. 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 PERSON IN THE FIRST DEGREE IS A CLASS C FELONY.
   §  4.  Paragraphs (b) and (c) of subdivision 1 of section 70.02 of the
 penal law, paragraph (b) as amended by chapter 94 of the  laws  of  2020
 and  paragraph  (c)  as  amended  by chapter 23 of the laws of 2024, are
 amended to read as follows:
   (b) Class C violent felony offenses: an attempt to commit any  of  the
 class  B felonies set forth in paragraph (a) of this subdivision; aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated manslaughter in the second degree as defined  in  section  125.21,
 aggravated  sexual  abuse  in  the  second  degree as defined in section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency medical  services  professional  as  defined  in  section  120.08,
 assault  on a judge as defined in section 120.09,  ASSAULT ON A PREGNANT
 PERSON IN THE FIRST DEGREE AS DEFINED IN SECTION 120.10-A, gang  assault
 in  the second degree as defined in section 120.06, strangulation in the
 first degree as defined in section 121.13, aggravated  strangulation  as
 defined in section 121.13-a, burglary in the second degree as defined in
 section  140.25,  robbery  in  the  second  degree as defined in section
 160.10, criminal possession of a weapon in the second degree as  defined
 in  section  265.03,  criminal  use of a firearm in the second degree as
 defined in section 265.08, criminal sale of  a  firearm  in  the  second
 degree as defined in section 265.12, criminal sale of a firearm with the
 aid  of  a  minor  as  defined  in  section  265.14, aggravated criminal
 possession of a weapon as  defined  in  section  265.19,  soliciting  or
 providing support for an act of terrorism in the first degree as defined
 in  section  490.15,  hindering  prosecution  of terrorism in the second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37 OF THIS CHAPTER.
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, ASSAULT  ON A PREGNANT PERSON IN THE  SECOND  DEGREE  AS
 DEFINED  IN SECTION 120.05-A, menacing a police officer or peace officer
 as defined in section 120.18, stalking in the first degree[,] as defined
 in subdivision one of section 120.60, strangulation in the second degree
 as defined in section 121.12, rape in the second degree  as  defined  in
 section 130.30, a crime formerly defined in section 130.45, sexual abuse
 in  the  first  degree  as  defined  in section 130.65, course of sexual
 conduct against a child in the  second  degree  as  defined  in  section
 130.80,  aggravated  sexual  abuse  in  the  third  degree as defined in
 section 130.66, facilitating a sex offense with a  controlled  substance
 A. 2198                             3
 
 as defined in section 130.90, labor trafficking as defined in paragraphs
 (a)  and (b) of subdivision three of section 135.35, criminal possession
 of a weapon in the third degree as defined  in  subdivision  five,  six,
 seven,  eight, nine or ten of section 265.02, criminal sale of a firearm
 in the third degree as defined in section 265.11, intimidating a  victim
 or witness in the second degree as defined in section 215.16, soliciting
 or  providing  support  for  an act of terrorism in the second degree as
 defined in section 490.10, [and] making a terroristic threat as  defined
 in  section 490.20, falsely reporting an incident in the first degree as
 defined in section 240.60, placing a false bomb or  hazardous  substance
 in  the  first degree as defined in section 240.62, placing a false bomb
 or hazardous substance in a sports stadium or arena, mass transportation
 facility or enclosed shopping mall as defined in section 240.63,  aggra-
 vated  unpermitted  use  of  indoor  pyrotechnics in the first degree as
 defined in section 405.18, and criminal manufacture, sale, or  transport
 of  an  undetectable  firearm,  rifle  or  shotgun as defined in section
 265.50 OF THIS CHAPTER.
   § 5. This act shall take effect immediately.