S T A T E O F N E W Y O R K
________________________________________________________________________
577
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. HELMING, TEDISCO -- read twice and ordered printed,
and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the
born alive abortion survivors' protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2599-b-2 to read as follows:
§ 2599-B-2. THE BORN ALIVE ABORTION SURVIVORS' PROTECTION ACT. 1. ANY
HEALTH CARE PRACTITIONER PRESENT AT THE TIME THE CHILD IS BORN ALIVE
DURING AN ABORTION OR ATTEMPTED ABORTION PROCEDURE SHALL:
(A) EXERCISE THE SAME DEGREE OF PROFESSIONAL SKILL, CARE, AND DILI-
GENCE TO PRESERVE THE LIFE AND HEALTH OF THE CHILD AS A REASONABLY DILI-
GENT AND CONSCIENTIOUS HEALTH CARE PRACTITIONER WOULD RENDER TO ANY
OTHER CHILD BORN ALIVE AT THE SAME GESTATIONAL AGE; AND
(B) FOLLOWING THE EXERCISE OF SKILL, CARE, AND DILIGENCE REQUIRED
UNDER PARAGRAPH (A) OF THIS SUBDIVISION, ENSURE THAT THE CHILD BORN
ALIVE IS IMMEDIATELY TRANSPORTED AND ADMITTED TO A HOSPITAL.
2. A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER
TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN THE LAWFUL SCOPE OF
PRACTICE, WHO HAS KNOWLEDGE OF A FAILURE TO COMPLY WITH THE REQUIREMENTS
OF SUBDIVISION ONE OF THIS SECTION SHALL IMMEDIATELY REPORT THE FAILURE
TO AN APPROPRIATE STATE OR FEDERAL LAW ENFORCEMENT AGENCY, OR TO BOTH.
A VIOLATION OF THIS SUBDIVISION IS A CLASS A MISDEMEANOR.
3. AN INDIVIDUAL THAT INTENTIONALLY PERFORMS OR ATTEMPTS TO PERFORM AN
OVERT ACT THAT KILLS A CHILD BORN ALIVE DESCRIBED UNDER PARAGRAPH (A) OF
SUBDIVISION ONE OF THIS SECTION, SHALL BE GUILTY UNDER SECTION 125.25 OR
110.05 OF THE PENAL LAW FOR INTENTIONALLY KILLING OR ATTEMPTING TO KILL
A HUMAN BEING.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01098-01-5
S. 577 2
4. THE BIRTHING PARENT OF A CHILD BORN ALIVE DESCRIBED UNDER SUBDIVI-
SION ONE OF THIS SECTION MAY NOT BE PROSECUTED FOR A VIOLATION OF THIS
SECTION, AN ATTEMPT TO VIOLATE THIS SECTION, A CONSPIRACY TO VIOLATE
THIS SECTION, OR AN OFFENSE UNDER SUBDIVISION TWO OR THREE OF THIS
SECTION BASED ON SUCH A VIOLATION.
5. IF A CHILD IS BORN ALIVE AND THERE IS A VIOLATION OF SUBDIVISION
ONE OF THIS SECTION, THE BIRTHING PARENT OF THE CHILD BORN ALIVE UPON
WHOM THE ABORTION WAS PERFORMED OR ATTEMPTED MAY, IN A CIVIL ACTION
AGAINST ANY PERSON WHO COMMITTED THE VIOLATION, OBTAIN APPROPRIATE
RELIEF, WHICH SHALL INCLUDE:
(A) ACTUAL MONEY DAMAGE FOR ALL INJURIES, PSYCHOLOGICAL AND PHYSICAL,
CAUSED BY THE VIOLATION OF SUBDIVISION ONE OF THIS SECTION;
(B) STATUTORY DAMAGES EQUAL TO THREE TIMES THE COST OF THE ABORTION OR
ATTEMPTED ABORTION; AND
(C) PUNITIVE DAMAGES.
6. IF JUDGMENT IS RENDERED IN FAVOR OF THE PLAINTIFF IN ANY ACTION
AUTHORIZED UNDER THIS SECTION, THE COURT SHALL ALSO AWARD, AS PART OF
THE COSTS, REASONABLE ATTORNEYS' FEES IN FAVOR OF THE PLAINTIFF AGAINST
THE DEFENDANT. IF JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT AND THE
COURT FINDS THAT THE PLAINTIFF'S SUIT WAS FRIVOLOUS OR BROUGHT IN BAD
FAITH, THEN THE COURT SHALL AWARD, AS PART OF THE COSTS, REASONABLE
ATTORNEYS' FEES IN FAVOR OF THE DEFENDANT AGAINST THE PLAINTIFF.
7. AS USED IN THIS SECTION:
(A) "ATTEMPT" MEANS WITH RESPECT TO AN ABORTION, CONDUCT THAT, UNDER
THE CIRCUMSTANCES AS THE ACTOR BELIEVES THEM TO BE, CONSTITUTES A
SUBSTANTIAL STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN PERFORM-
ING AN ABORTION.
(B) "BORN ALIVE" HAS THE SAME MEANING AS DEFINED IN SECTION EIGHT OF
TITLE ONE OF THE UNITED STATES CODE.
§ 2. This act shall take effect immediately.