Bill Text: NY A06112 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts the "reproductive health act"; provides a fundamental right to choose contraception and the right of a female to determine the course of a pregnancy; authorizes abortion prior to viability; defines terms; decriminalizes abortion.
Spectrum: Strong Partisan Bill (Democrat 56-3)
Status: (Introduced - Dead) 2012-01-04 - referred to health [A06112 Detail]
Download: New_York-2011-A06112-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6112 2011-2012 Regular Sessions I N A S S E M B L Y March 7, 2011 ___________ Introduced by M. of A. GLICK, GOTTFRIED, ROSENTHAL, PEOPLES-STOKES, N. RIVERA, PRETLOW, HOOPER, SILVER, HEASTIE, LIFTON, WRIGHT, CAHILL -- Multi-Sponsored by -- M. of A. BARRON, BING, BOYLAND, BRENNAN, CYMBROWITZ, DINOWITZ, ENGLEBRIGHT, FARRELL, GALEF, HOYT, JACOBS, JAFFEE, KELLNER, LAVINE, MILLMAN, O'DONNELL, PAULIN, RUSSELL, SAYWARD, SCARBOROUGH, SCHIMEL, THIELE, WEINSTEIN, WEISENBERG, WEPRIN -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to enacting the "reproductive health act" and revising existing provisions regarding abortions; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "reproductive health act". 3 S 2. The public health law is amended by adding a new article 17 to 4 read as follows: 5 ARTICLE 17 6 REPRODUCTIVE HEALTH ACT 7 SECTION 1700. STATEMENT OF POLICY. 8 1701. AUTHORIZED PERFORMANCE OF ABORTIONS. 9 1702. STATE REGULATION. 10 1703. DEFINITIONS. 11 S 1700. STATEMENT OF POLICY. THE LEGISLATURE DECLARES THAT EVERY INDI- 12 VIDUAL HAS A FUNDAMENTAL RIGHT OF PRIVACY WITH RESPECT TO CERTAIN 13 PERSONAL REPRODUCTIVE DECISIONS. ACCORDINGLY, IT IS THE PUBLIC POLICY 14 OF THE STATE OF NEW YORK THAT: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07323-02-1 A. 6112 2 1 1. EVERY INDIVIDUAL HAS THE FUNDAMENTAL RIGHT TO CHOOSE OR REFUSE 2 CONTRACEPTION; AND 3 2. EVERY FEMALE HAS THE FUNDAMENTAL RIGHT TO DETERMINE THE COURSE OF 4 HER PREGNANCY, WHICH INCLUDES THE RIGHT TO CARRY A PREGNANCY TO TERM OR 5 TO TERMINATE A PREGNANCY: (I) IN THE ABSENCE OF FETAL VIABILITY; AND 6 (II) AT ANY TIME IF SUCH TERMINATION IS NECESSARY TO PROTECT THE PREG- 7 NANT FEMALE'S LIFE OR HEALTH. 8 S 1701. AUTHORIZED PERFORMANCE OF ABORTIONS. THE PERFORMANCE OF AN 9 ABORTION BY A QUALIFIED, LICENSED HEALTH CARE PRACTITIONER, ACTING WITH- 10 IN THE SCOPE OF HIS OR HER PRACTICE, IS AUTHORIZED: 11 1. IN THE ABSENCE OF FETAL VIABILITY; AND 12 2. AT ANY TIME, IF IN THE GOOD FAITH MEDICAL JUDGMENT OF A PHYSICIAN, 13 SUCH TERMINATION IS NECESSARY TO PROTECT THE FEMALE'S LIFE OR HEALTH. 14 S 1702. STATE REGULATION. 1. THE STATE SHALL NOT DENY, REGULATE OR 15 RESTRICT THE RIGHTS SET FORTH IN SECTION SEVENTEEN HUNDRED OF THIS ARTI- 16 CLE BY ANY LAW, ORDINANCE, REGULATION OR POLICY EXCEPT BY LAW, REGU- 17 LATION OR POLICY THAT IS NARROWLY TAILORED TO SERVE A COMPELLING STATE 18 INTEREST AND EXCEPT AS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 19 2. THE STATE SHALL NOT DISCRIMINATE AGAINST THE EXERCISE OF THE RIGHTS 20 SET FORTH IN SECTION SEVENTEEN HUNDRED OF THIS ARTICLE IN THE REGULATION 21 OR PROVISION OF BENEFITS, FACILITIES, SERVICES OR INFORMATION. 22 3. NOTHING IN THIS ARTICLE SHALL PROHIBIT THE ENFORCEMENT OF GENERALLY 23 APPLICABLE STATUTES, RULES OF LAW AND REGULATIONS GOVERNING MATTERS SUCH 24 AS PRACTITIONER LICENSING, PHARMACEUTICALS AND MEDICAL DEVICES, AND 25 MEDICAL PROCEDURES. 26 4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO CONFLICT WITH ANY 27 APPLICABLE STATE OR FEDERAL LAW OR REGULATION PERMITTING A HEALTH CARE 28 PROVIDER TO REFRAIN FROM PROVIDING ABORTIONS DUE TO THE PROVIDER'S RELI- 29 GIOUS OR MORAL BELIEFS. 30 S 1703. DEFINITIONS. THE FOLLOWING DEFINITIONS SHALL APPLY FOR 31 PURPOSES OF THIS ARTICLE: 32 1. "ABORTION" MEANS THE TERMINATION OF A PREGNANCY FOR PURPOSES OTHER 33 THAN PRODUCING A LIVE BIRTH, WHICH INCLUDES BUT IS NOT LIMITED TO A 34 TERMINATION USING PHARMACOLOGICAL AGENTS. ABORTION DOES NOT INCLUDE THE 35 TERMINATION OF AN ECTOPIC PREGNANCY. 36 2. "CONTRACEPTION" MEANS ANY DRUG OR DEVICE APPROVED BY THE UNITED 37 STATES FOOD AND DRUG ADMINISTRATION FOR THE PURPOSE OF PREVENTING PREG- 38 NANCY. 39 3. "GESTATIONAL AGE" MEANS THE TIME THAT HAS ELAPSED SINCE THE FIRST 40 DAY OF THE PREGNANT FEMALE'S LAST MENSTRUAL PERIOD. 41 4. "PREGNANCY" MEANS THE HUMAN REPRODUCTIVE PROCESS, BEGINNING WITH 42 THE IMPLANTATION OF A FERTILIZED EGG. 43 5. "STATE" MEANS THE STATE OF NEW YORK AND EVERY COUNTY, CITY, TOWN, 44 MUNICIPAL CORPORATION OR QUASI-MUNICIPAL CORPORATION OF THE STATE, 45 INCLUDING GOVERNMENTAL AND POLITICAL SUBDIVISIONS, AGENCIES AND INSTRU- 46 MENTALITIES. 47 6. "FETAL VIABILITY" MEANS THE POINT IN PREGNANCY WHEN, AS DETERMINED 48 BY A PHYSICIAN OR OTHER QUALIFIED PRACTITIONER ACTING IN GOOD FAITH 49 WITHIN THE SCOPE OF HIS OR HER PRACTICE IN ACCORDANCE WITH GENERALLY 50 ACCEPTED MEDICAL STANDARDS APPLIED TO THE PARTICULAR FACTS OF THE CASE 51 BEFORE THAT PRACTITIONER: (A) THE GESTATIONAL AGE OF THE FETUS IS TWEN- 52 TY-FOUR WEEKS OR MORE, AND (B) THERE IS A REASONABLE LIKELIHOOD OF THE 53 FETUS'S SUSTAINED SURVIVAL OUTSIDE THE UTERUS WITHOUT THE APPLICATION OF 54 EXTRAORDINARY MEDICAL MEASURES. 55 S 3. Subdivision 1 of section 4164 of the public health law, as added 56 by chapter 991 of the laws of 1974, is amended to read as follows: A. 6112 3 1 1. [When an abortion is to be performed after the twelfth week of 2 pregnancy it shall be performed only in a hospital and only on an in-pa- 3 tient basis.] When an abortion is to be performed after [the twentieth 4 week of pregnancy,] FETAL VIABILITY, AS THAT TERM IS DEFINED BY SUBDIVI- 5 SION SIX OF SECTION SEVENTEEN HUNDRED THREE OF THIS CHAPTER, IT SHALL BE 6 PERFORMED BY A PHYSICIAN IN A FACILITY WHICH IS LICENSED BY THE DEPART- 7 MENT PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER AND a physician 8 other than the physician performing the abortion shall be in attendance 9 to take control of and to provide immediate medical care for any live 10 birth that is the result of the abortion, PROVIDED, HOWEVER, THAT AN 11 ABORTION SHALL NOT BE DELAYED FOR THE PURPOSE OF SECURING SUCH SECOND 12 PHYSICIAN'S ATTENDANCE IF, IN THE JUDGMENT OF THE PHYSICIAN PERFORMING 13 THE ABORTION, SUCH DELAY WOULD POSE A RISK TO THE FEMALE'S LIFE OR 14 HEALTH. The commissioner [of health] is authorized to promulgate rules 15 and regulations to insure the health and safety of the mother and the 16 [viable child] LIVE BIRTH, in such instances. 17 S 4. Subdivision 8 of section 6811 of the education law is REPEALED. 18 S 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 19 law are REPEALED, and the article heading of article 125 of the penal 20 law is amended to read as follows: 21 HOMICIDE[, ABORTION] AND RELATED OFFENSES 22 S 6. Section 125.00 of the penal law is amended to read as follows: 23 S 125.00 Homicide defined. 24 Homicide means conduct which causes the death of a person [or an 25 unborn child with which a female has been pregnant for more than twen- 26 ty-four weeks] under circumstances constituting murder, manslaughter in 27 the first degree, manslaughter in the second degree, OR criminally 28 negligent homicide[, abortion in the first degree or self-abortion in 29 the first degree]. 30 S 7. Section 125.05 of the penal law, subdivision 3 as amended by 31 chapter 127 of the laws of 1970, is amended to read as follows: 32 S 125.05 Homicide[, abortion] and related offenses; [definitions of 33 terms] PERSON DEFINED. 34 [The following definitions are applicable to this article: 35 1. "Person,"] FOR THE PURPOSES OF THIS ARTICLE, THE TERM "PERSON," 36 when referring to the victim of a homicide, means a human being who has 37 been born and is alive. 38 [2. "Abortional act" means an act committed upon or with respect to a 39 female, whether by another person or by the female herself, whether she 40 is pregnant or not, whether directly upon her body or by the administer- 41 ing, taking or prescription of drugs or in any other manner, with intent 42 to cause a miscarriage of such female. 43 3. "Justifiable abortional act." An abortional act is justifiable when 44 committed upon a female with her consent by a duly licensed physician 45 acting (a) under a reasonable belief that such is necessary to preserve 46 her life, or, (b) within twenty-four weeks from the commencement of her 47 pregnancy. A pregnant female's commission of an abortional act upon 48 herself is justifiable when she acts upon the advice of a duly licensed 49 physician (1) that such act is necessary to preserve her life, or, (2) 50 within twenty-four weeks from the commencement of her pregnancy. The 51 submission by a female to an abortional act is justifiable when she 52 believes that it is being committed by a duly licensed physician, acting 53 under a reasonable belief that such act is necessary to preserve her 54 life, or, within twenty-four weeks from the commencement of her pregnan- 55 cy.] 56 S 8. Section 125.15 of the penal law is amended to read as follows: A. 6112 4 1 S 125.15 Manslaughter in the second degree. 2 A person is guilty of manslaughter in the second degree when: 3 1. He OR SHE recklessly causes the death of another person; or 4 2. [He commits upon a female an abortional act which causes her death, 5 unless such abortional act is justifiable pursuant to subdivision three 6 of section 125.05; or 7 3.] He OR SHE intentionally causes or aids another person to commit 8 suicide. 9 Manslaughter in the second degree is a class C felony. 10 S 9. Section 125.20 of the penal law, subdivision 3 as amended and 11 subdivision 4 as added by chapter 477 of the laws of 1990, is amended to 12 read as follows: 13 S 125.20 Manslaughter in the first degree. 14 A person is guilty of manslaughter in the first degree when: 15 1. With intent to cause serious physical injury to another person, he 16 OR SHE causes the death of such person or of a third person; or 17 2. With intent to cause the death of another person, he OR SHE causes 18 the death of such person or of a third person under circumstances which 19 do not constitute murder because he acts under the influence of extreme 20 emotional disturbance, as defined in paragraph (a) of subdivision one of 21 section 125.25. The fact that homicide was committed under the influence 22 of extreme emotional disturbance constitutes a mitigating circumstance 23 reducing murder to manslaughter in the first degree and need not be 24 proved in any prosecution initiated under this subdivision; or 25 3. [He commits upon a female pregnant for more than twenty-four weeks 26 an abortional act which causes her death, unless such abortional act is 27 justifiable pursuant to subdivision three of section 125.05; or 28 4.] Being eighteen years old or more and with intent to cause physical 29 injury to [a] ANOTHER person less than eleven years old, [the defendant] 30 HE OR SHE recklessly engages in conduct which creates a grave risk of 31 serious physical injury to such person and thereby causes the death of 32 such person. 33 Manslaughter in the first degree is a class B felony. 34 S 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 35 procedure law, as amended by chapter 405 of the laws of 2010, is amended 36 to read as follows: 37 (b) Any of the following felonies: assault in the second degree as 38 defined in section 120.05 of the penal law, assault in the first degree 39 as defined in section 120.10 of the penal law, reckless endangerment in 40 the first degree as defined in section 120.25 of the penal law, promot- 41 ing a suicide attempt as defined in section 120.30 of the penal law, 42 strangulation in the second degree as defined in section 121.12 of the 43 penal law, strangulation in the first degree as defined in section 44 121.13 of the penal law, criminally negligent homicide as defined in 45 section 125.10 of the penal law, manslaughter in the second degree as 46 defined in section 125.15 of the penal law, manslaughter in the first 47 degree as defined in section 125.20 of the penal law, murder in the 48 second degree as defined in section 125.25 of the penal law, murder in 49 the first degree as defined in section 125.27 of the penal law, 50 [abortion in the second degree as defined in section 125.40 of the penal 51 law, abortion in the first degree as defined in section 125.45 of the 52 penal law,] rape in the third degree as defined in section 130.25 of the 53 penal law, rape in the second degree as defined in section 130.30 of the 54 penal law, rape in the first degree as defined in section 130.35 of the 55 penal law, criminal sexual act in the third degree as defined in section 56 130.40 of the penal law, criminal sexual act in the second degree as A. 6112 5 1 defined in section 130.45 of the penal law, criminal sexual act in the 2 first degree as defined in section 130.50 of the penal law, sexual abuse 3 in the first degree as defined in section 130.65 of the penal law, 4 unlawful imprisonment in the first degree as defined in section 135.10 5 of the penal law, kidnapping in the second degree as defined in section 6 135.20 of the penal law, kidnapping in the first degree as defined in 7 section 135.25 of the penal law, labor trafficking as defined in section 8 135.35 of the penal law, custodial interference in the first degree as 9 defined in section 135.50 of the penal law, coercion in the first degree 10 as defined in section 135.65 of the penal law, criminal trespass in the 11 first degree as defined in section 140.17 of the penal law, burglary in 12 the third degree as defined in section 140.20 of the penal law, burglary 13 in the second degree as defined in section 140.25 of the penal law, 14 burglary in the first degree as defined in section 140.30 of the penal 15 law, criminal mischief in the third degree as defined in section 145.05 16 of the penal law, criminal mischief in the second degree as defined in 17 section 145.10 of the penal law, criminal mischief in the first degree 18 as defined in section 145.12 of the penal law, criminal tampering in the 19 first degree as defined in section 145.20 of the penal law, arson in the 20 fourth degree as defined in section 150.05 of the penal law, arson in 21 the third degree as defined in section 150.10 of the penal law, arson in 22 the second degree as defined in section 150.15 of the penal law, arson 23 in the first degree as defined in section 150.20 of the penal law, grand 24 larceny in the fourth degree as defined in section 155.30 of the penal 25 law, grand larceny in the third degree as defined in section 155.35 of 26 the penal law, grand larceny in the second degree as defined in section 27 155.40 of the penal law, grand larceny in the first degree as defined in 28 section 155.42 of the penal law, health care fraud in the fourth degree 29 as defined in section 177.10 of the penal law, health care fraud in the 30 third degree as defined in section 177.15 of the penal law, health care 31 fraud in the second degree as defined in section 177.20 of the penal 32 law, health care fraud in the first degree as defined in section 177.25 33 of the penal law, robbery in the third degree as defined in section 34 160.05 of the penal law, robbery in the second degree as defined in 35 section 160.10 of the penal law, robbery in the first degree as defined 36 in section 160.15 of the penal law, unlawful use of secret scientific 37 material as defined in section 165.07 of the penal law, criminal 38 possession of stolen property in the fourth degree as defined in section 39 165.45 of the penal law, criminal possession of stolen property in the 40 third degree as defined in section 165.50 of the penal law, criminal 41 possession of stolen property in the second degree as defined by section 42 165.52 of the penal law, criminal possession of stolen property in the 43 first degree as defined by section 165.54 of the penal law, trademark 44 counterfeiting in the second degree as defined in section 165.72 of the 45 penal law, trademark counterfeiting in the first degree as defined in 46 section 165.73 of the penal law, forgery in the second degree as defined 47 in section 170.10 of the penal law, forgery in the first degree as 48 defined in section 170.15 of the penal law, criminal possession of a 49 forged instrument in the second degree as defined in section 170.25 of 50 the penal law, criminal possession of a forged instrument in the first 51 degree as defined in section 170.30 of the penal law, criminal 52 possession of forgery devices as defined in section 170.40 of the penal 53 law, falsifying business records in the first degree as defined in 54 section 175.10 of the penal law, tampering with public records in the 55 first degree as defined in section 175.25 of the penal law, offering a 56 false instrument for filing in the first degree as defined in section A. 6112 6 1 175.35 of the penal law, issuing a false certificate as defined in 2 section 175.40 of the penal law, criminal diversion of prescription 3 medications and prescriptions in the second degree as defined in section 4 178.20 of the penal law, criminal diversion of prescription medications 5 and prescriptions in the first degree as defined in section 178.25 of 6 the penal law, residential mortgage fraud in the fourth degree as 7 defined in section 187.10 of the penal law, residential mortgage fraud 8 in the third degree as defined in section 187.15 of the penal law, resi- 9 dential mortgage fraud in the second degree as defined in section 187.20 10 of the penal law, residential mortgage fraud in the first degree as 11 defined in section 187.25 of the penal law, escape in the second degree 12 as defined in section 205.10 of the penal law, escape in the first 13 degree as defined in section 205.15 of the penal law, absconding from 14 temporary release in the first degree as defined in section 205.17 of 15 the penal law, promoting prison contraband in the first degree as 16 defined in section 205.25 of the penal law, hindering prosecution in the 17 second degree as defined in section 205.60 of the penal law, hindering 18 prosecution in the first degree as defined in section 205.65 of the 19 penal law, sex trafficking as defined in section 230.34 of the penal 20 law, criminal possession of a weapon in the third degree as defined in 21 subdivisions two, three and five of section 265.02 of the penal law, 22 criminal possession of a weapon in the second degree as defined in 23 section 265.03 of the penal law, criminal possession of a weapon in the 24 first degree as defined in section 265.04 of the penal law, manufacture, 25 transport, disposition and defacement of weapons and dangerous instru- 26 ments and appliances defined as felonies in subdivisions one, two, and 27 three of section 265.10 of the penal law, sections 265.11, 265.12 and 28 265.13 of the penal law, or prohibited use of weapons as defined in 29 subdivision two of section 265.35 of the penal law, relating to firearms 30 and other dangerous weapons, or failure to disclose the origin of a 31 recording in the first degree as defined in section 275.40 of the penal 32 law; 33 S 11. Subdivision 1 of section 673 of the county law, as added by 34 chapter 545 of the laws of 1965, is amended to read as follows: 35 1. A coroner or medical examiner has jurisdiction and authority to 36 investigate the death of every person dying within his county, or whose 37 body is found within the county, which is or appears to be: 38 (a) A violent death, whether by criminal violence, suicide or casual- 39 ty; 40 (b) A death caused by unlawful act or criminal neglect; 41 (c) A death occurring in a suspicious, unusual or unexplained manner; 42 (d) [A death caused by suspected criminal abortion; 43 (e)] A death while unattended by a physician, so far as can be discov- 44 ered, or where no physician able to certify the cause of death as 45 provided in the public health law and in form as prescribed by the 46 commissioner of health can be found; 47 [(f)] (E) A death of a person confined in a public institution other 48 than a hospital, infirmary or nursing home. 49 S 12. Section 4 of the judiciary law, as amended by chapter 264 of the 50 laws of 2003, is amended to read as follows: 51 S 4. Sittings of courts to be public. The sittings of every court 52 within this state shall be public, and every citizen may freely attend 53 the same, except that in all proceedings and trials in cases for 54 divorce, seduction, [abortion,] rape, assault with intent to commit 55 rape, criminal sexual act, bastardy or filiation, the court may, in its A. 6112 7 1 discretion, exclude therefrom all persons who are not directly inter- 2 ested therein, excepting jurors, witnesses, and officers of the court. 3 S 13. This act shall take effect on the thirtieth day after it shall 4 have become a law.