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A01748 Summary:

BILL NOA01748
 
SAME ASSAME AS S02796
 
SPONSORGlick
 
COSPNSRGottfried, Lupardo, Mayer, Heastie, Peoples-Stokes, Jaffee, Titus, Simotas, Rosenthal L, O'Donnell, Cahill, Solages, Jenne, Morelle, Abinanti, Arroyo, Barrett, Barron, Bichotte, Blake, Braunstein, Brindisi, Bronson, Buchwald, Carroll, Cook, Cymbrowitz, De La Rosa, DenDekker, Dilan, Dinowitz, D'Urso, Englebright, Fahy, Galef, Gantt, Harris, Hevesi, Hooper, Hunter, Hyndman, Jean-Pierre, Jones, Kavanagh, Kim, Lavine, Lifton, Magnarelli, Mosley, Moya, Nolan, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Rodriguez, Rozic, Seawright, Simon, Skartados, Skoufis, Steck, Stirpe, Thiele, Titone, Wallace, Weinstein, Weprin, Williams, Woerner, Wright, Niou, Ortiz
 
MLTSPNSR
 
Add Art 25-A 2599-aa, rpld 4164, Pub Health L; rpld 6811 sub 8, Ed L; rpld 125.40 - 125.60, 125.05 subs 2 & 3, 125.15 sub 2, 125.20 sub 3, amd Art 125 Art Head, 125.00 & 125.05, Pen L; amd 700.05, CP L; amd 673, County L; amd 4, Judy L
 
Enacts the reproductive health act; revises provisions of law relating to abortion.
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A01748 Floor Votes:

DATE:01/17/2017Assembly Vote  YEA/NAY: 97/49
AbbateYCrouchYGoodellNOLiftonYO'DonnellYSepulvedaY
AbinantiYCurranNOGottfriedYLopezNOOrtizYSimanowitzNO
ArroyoYCusickNOGrafNOLupardoYOtisYSimonY
AubryYCymbrowitzYGuntherYLupinacciERPalmesanoNOSimotasY
BarclayNODavilaYHarrisYMageeYPalumboNOSkartadosY
BarnwellNODe La RosaYHawleyNOMagnarelliYPaulinYSkoufisY
BarrettYDenDekkerYHevesiYMalliotakisNOPeoples-StokesYSolagesY
BarronYDickensYHikindNOMayerYPerryERStecNO
BenedettoYDilanYHooperYMcDonaldYPheffer AmatoYSteckY
BichotteYDinowitzYHunterYMcDonoughNOPichardoYStirpeY
BlakeYDiPietroNOHyndmanYMcKevittNOPretlowYThieleY
BlankenbushNOD'UrsoYJaffeeYMcLaughlinNOQuartYTitoneY
BrabenecNOEnglebrightYJean-PierreYMill B NORaNOTitusY
BraunsteinYErrigoNOJenneYMill MGNORaiaNOVanelY
BrindisiYFahyYJohnsNOMill MLERRamosYWalkerY
BronsonYFarrellYJonesYMontesanoNORichardsonYWallaceY
BuchwaldYFinchNOJoynerYMorelleYRiveraYWalshNO
ButlerNOFitzpatrickNOKavanaghYMorinelloNORodriguezYWalterNO
ByrneNOFriendNOKearnsNOMosleyYRosenthalYWeinsteinY
CahillYGalefYKimYMoyaYRozicYWeprinY
CarrollYGanttYKolbNOMurrayNORyanYWilliamsY
CastorinaNOGarbarinoNOLalorNONiouYSaladinoERWoernerY
ColtonNOGiglioNOLavineYNolanYSantabarbaraYWrightY
CookYGjonajNOLawrenceNONorrisNOSchimmingerNOZebrowskiY
CrespoNOGlickYLentolYOaksNOSeawrightYMr SpkrY

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A01748 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1748
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  GLICK,  GOTTFRIED,  LUPARDO, MAYER, HEASTIE,
          PEOPLES-STOKES, JAFFEE, TITUS, SIMOTAS, ROSENTHAL, O'DONNELL,  CAHILL,
          SOLAGES,  JENNE,  MORELLE, FARRELL, ABINANTI, ARROYO, BARRETT, BARRON,
          BICHOTTE, BLAKE, BRAUNSTEIN,  BRINDISI,  BRONSON,  BUCHWALD,  CARROLL,
          COOK,  CYMBROWITZ,  DE LA ROSA,  DenDEKKER,  DILAN,  DINOWITZ, D'URSO,
          ENGLEBRIGHT, FAHY, GALEF, GANTT, HARRIS, HEVESI, HOOPER, HUNTER, HYND-
          MAN, JEAN-PIERRE, JONES, KAVANAGH, KIM,  LAVINE,  LIFTON,  MAGNARELLI,
          MOSLEY,  MOYA,  NOLAN,  OTIS,  PAULIN, PERRY, PHEFFER AMATO, PICHARDO,
          PRETLOW, QUART, RODRIGUEZ, ROZIC, SEAWRIGHT, SEPULVEDA, SIMON, SKARTA-
          DOS, SKOUFIS,  STECK,  STIRPE,  THIELE,  TITONE,  WALLACE,  WEINSTEIN,
          WEPRIN,  WILLIAMS,  WOERNER,  WRIGHT  -- 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  of law
          regarding abortion; 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  public  health  law  relating 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. Legislative intent. The legislature finds  that  comprehen-
     2  sive  reproductive health care, including contraception and abortion, is
     3  a fundamental component of a woman's health, privacy and  equality.  The
     4  New  York  Constitution and United States Constitution protect a woman's
     5  fundamental right to access safe, legal abortion, courts have repeatedly
     6  reaffirmed this right and further emphasized that states may  not  place
     7  undue burdens on women seeking to access such right.
     8    Moreover, the legislature finds, as with other medical procedures, the
     9  safety  of  abortion  is furthered by evidence-based practices developed
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08240-03-7

        A. 1748                             2
 
     1  and supported by medical professionals; any regulation of  medical  care
     2  must  have  a  legitimate purpose. Abortion is one of the safest medical
     3  procedures performed in the United States; the  goal  of  medical  regu-
     4  lation  should be to improve the quality and availability of health care
     5  services.
     6    Furthermore, the legislature declares that it is the public policy  of
     7  New  York  State  that every individual possesses a fundamental right of
     8  privacy and equality with respect to their personal  reproductive  deci-
     9  sions and should be able to safely effectuate those decisions, including
    10  by  seeking and obtaining abortion care, free from discrimination in the
    11  provision of health care.
    12    Therefore, it is the intent of the legislature to prevent the enforce-
    13  ment of laws or regulations that are not in furtherance of a  legitimate
    14  state  interest  in  protecting  a  woman's  health that burden abortion
    15  access.
    16    § 2. The public health law is amended by adding a new article 25-A  to
    17  read as follows:
    18                                ARTICLE 25-A
    19                           REPRODUCTIVE HEALTH ACT
    20  Section 2599-aa. Abortion.
    21    § 2599-aa. Abortion.  1.  A  health care practitioner licensed, certi-
    22  fied, or authorized under title eight of the education law, acting with-
    23  in his or her lawful scope of practice, may perform  an  abortion  when,
    24  according  to  the practitioner's reasonable and good faith professional
    25  judgment based on the facts of the patient's case: the patient is within
    26  twenty-four weeks from the commencement of pregnancy,  or  there  is  an
    27  absence  of fetal viability, or the abortion is necessary to protect the
    28  patient's life or health.
    29    2. This article shall be construed and  applied  consistent  with  and
    30  subject  to  applicable  laws  and applicable and authorized regulations
    31  governing health care procedures.
    32    § 3. Section 4164 of the public health law is REPEALED.
    33    § 4. Subdivision 8 of section 6811 of the education law is REPEALED.
    34    § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of  the  penal
    35  law  are  REPEALED,  and the article heading of article 125 of the penal
    36  law is amended to read as follows:
    37                   HOMICIDE[, ABORTION] AND RELATED OFFENSES
    38    § 6. Section 125.00 of the penal law is amended to read as follows:
    39  § 125.00 Homicide defined.
    40    Homicide means conduct which causes the  death  of  a  person  [or  an
    41  unborn  child  with which a female has been pregnant for more than twen-
    42  ty-four weeks] under circumstances constituting murder, manslaughter  in
    43  the  first  degree,  manslaughter  in  the  second degree, or criminally
    44  negligent homicide[, abortion in the first degree  or  self-abortion  in
    45  the first degree].
    46    §  7.  The  section  heading,  opening  paragraph and subdivision 1 of
    47  section 125.05 of the penal law are amended to read as follows:
    48    Homicide[, abortion] and  related  offenses;  [definitions  of  terms]
    49  definition.
    50    The following [definitions are] definition is applicable to this arti-
    51  cle:
    52    [1.]  "Person,"  when  referring  to the victim of a homicide, means a
    53  human being who has been born and is alive.
    54    § 7-a. Subdivisions 2 and 3 of section 125.05 of  the  penal  law  are
    55  REPEALED.
    56    § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.

        A. 1748                             3
 
     1    § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
     2    § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
     3  procedure law, as amended by chapter 368 of the laws of 2015, is amended
     4  to read as follows:
     5    (b)  Any  of  the  following felonies: assault in the second degree as
     6  defined in section 120.05 of the penal law, assault in the first  degree
     7  as  defined in section 120.10 of the penal law, reckless endangerment in
     8  the first degree as defined in section 120.25 of the penal law,  promot-
     9  ing  a  suicide  attempt  as defined in section 120.30 of the penal law,
    10  strangulation in the second degree as defined in section 121.12  of  the
    11  penal  law,  strangulation  in  the  first  degree as defined in section
    12  121.13 of the penal law, criminally negligent  homicide  as  defined  in
    13  section  125.10  of  the penal law, manslaughter in the second degree as
    14  defined in section 125.15 of the penal law, manslaughter  in  the  first
    15  degree  as  defined  in  section  125.20 of the penal law, murder in the
    16  second degree as defined in section 125.25 of the penal law,  murder  in
    17  the  first  degree  as  defined  in  section  125.27  of  the penal law,
    18  [abortion in the second degree as defined in section 125.40 of the penal
    19  law, abortion in the first degree as defined in section  125.45  of  the
    20  penal law,] rape in the third degree as defined in section 130.25 of the
    21  penal law, rape in the second degree as defined in section 130.30 of the
    22  penal  law, rape in the first degree as defined in section 130.35 of the
    23  penal law, criminal sexual act in the third degree as defined in section
    24  130.40 of the penal law, criminal sexual act in  the  second  degree  as
    25  defined  in  section 130.45 of the penal law, criminal sexual act in the
    26  first degree as defined in section 130.50 of the penal law, sexual abuse
    27  in the first degree as defined in  section  130.65  of  the  penal  law,
    28  unlawful  imprisonment  in the first degree as defined in section 135.10
    29  of the penal law, kidnapping in the second degree as defined in  section
    30  135.20  of  the  penal law, kidnapping in the first degree as defined in
    31  section 135.25 of the penal law, labor trafficking as defined in section
    32  135.35 of the penal law, aggravated  labor  trafficking  as  defined  in
    33  section  135.37  of  the  penal law, custodial interference in the first
    34  degree as defined in section 135.50 of the penal law,  coercion  in  the
    35  first  degree  as  defined  in section 135.65 of the penal law, criminal
    36  trespass in the first degree as defined in section 140.17 of  the  penal
    37  law,  burglary  in  the third degree as defined in section 140.20 of the
    38  penal law, burglary in the second degree as defined in section 140.25 of
    39  the penal law, burglary in the first degree as defined in section 140.30
    40  of the penal law, criminal mischief in the third degree  as  defined  in
    41  section  145.05 of the penal law, criminal mischief in the second degree
    42  as defined in section 145.10 of the penal law, criminal mischief in  the
    43  first  degree  as  defined  in section 145.12 of the penal law, criminal
    44  tampering in the first degree as defined in section 145.20 of the  penal
    45  law,  arson  in  the  fourth  degree as defined in section 150.05 of the
    46  penal law, arson in the third degree as defined in section 150.10 of the
    47  penal law, arson in the second degree as defined in  section  150.15  of
    48  the penal law, arson in the first degree as defined in section 150.20 of
    49  the  penal law, grand larceny in the fourth degree as defined in section
    50  155.30 of the penal law, grand larceny in the third degree as defined in
    51  section 155.35 of the penal law, grand larceny in the second  degree  as
    52  defined  in  section 155.40 of the penal law, grand larceny in the first
    53  degree as defined in section 155.42 of the penal law, health care  fraud
    54  in  the  fourth  degree  as  defined in section 177.10 of the penal law,
    55  health care fraud in the third degree as defined in  section  177.15  of
    56  the  penal  law,  health  care  fraud in the second degree as defined in

        A. 1748                             4
 
     1  section 177.20 of the penal law, health care fraud in the  first  degree
     2  as  defined  in  section  177.25  of the penal law, robbery in the third
     3  degree as defined in section 160.05 of the penal  law,  robbery  in  the
     4  second  degree as defined in section 160.10 of the penal law, robbery in
     5  the first degree as defined in section 160.15 of the penal law, unlawful
     6  use of secret scientific material as defined in section  165.07  of  the
     7  penal  law,  criminal possession of stolen property in the fourth degree
     8  as defined in section 165.45 of the penal law,  criminal  possession  of
     9  stolen  property in the third degree as defined in section 165.50 of the
    10  penal law, criminal possession of stolen property in the  second  degree
    11  as  defined  by  section 165.52 of the penal law, criminal possession of
    12  stolen property in the first degree as defined by section 165.54 of  the
    13  penal  law,  trademark counterfeiting in the second degree as defined in
    14  section 165.72 of the penal law, trademark counterfeiting in  the  first
    15  degree  as  defined  in  section 165.73 of the penal law, forgery in the
    16  second degree as defined in section 170.10 of the penal law, forgery  in
    17  the first degree as defined in section 170.15 of the penal law, criminal
    18  possession  of  a  forged  instrument in the second degree as defined in
    19  section 170.25 of the penal law, criminal possession of a forged instru-
    20  ment in the first degree as defined in section 170.30 of the penal  law,
    21  criminal  possession  of forgery devices as defined in section 170.40 of
    22  the penal law, falsifying  business  records  in  the  first  degree  as
    23  defined  in  section  175.10  of  the  penal  law, tampering with public
    24  records in the first degree as defined in section 175.25  of  the  penal
    25  law,  offering  a  false  instrument  for  filing in the first degree as
    26  defined in section 175.35 of the penal law, issuing a false  certificate
    27  as  defined  in  section  175.40 of the penal law, criminal diversion of
    28  prescription medications and  prescriptions  in  the  second  degree  as
    29  defined  in  section  178.20  of  the  penal  law, criminal diversion of
    30  prescription medications  and  prescriptions  in  the  first  degree  as
    31  defined  in  section 178.25 of the penal law, residential mortgage fraud
    32  in the fourth degree as defined in section  187.10  of  the  penal  law,
    33  residential  mortgage  fraud  in  the third degree as defined in section
    34  187.15 of the penal law, residential mortgage fraud in the second degree
    35  as defined in section 187.20 of  the  penal  law,  residential  mortgage
    36  fraud in the first degree as defined in section 187.25 of the penal law,
    37  escape  in  the  second degree as defined in section 205.10 of the penal
    38  law, escape in the first degree as defined  in  section  205.15  of  the
    39  penal  law,  absconding  from  temporary  release in the first degree as
    40  defined in section 205.17 of the penal law, promoting prison  contraband
    41  in  the  first  degree  as  defined  in section 205.25 of the penal law,
    42  hindering prosecution in the second degree as defined in section  205.60
    43  of  the  penal law, hindering prosecution in the first degree as defined
    44  in section 205.65 of the  penal  law,  sex  trafficking  as  defined  in
    45  section  230.34 of the penal law, criminal possession of a weapon in the
    46  third degree as defined in subdivisions two, three and five  of  section
    47  265.02  of  the penal law, criminal possession of a weapon in the second
    48  degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
    49  possession  of a weapon in the first degree as defined in section 265.04
    50  of the penal law, manufacture, transport, disposition and defacement  of
    51  weapons  and dangerous instruments and appliances defined as felonies in
    52  subdivisions one, two, and three of section 265.10  of  the  penal  law,
    53  sections  265.11,  265.12 and 265.13 of the penal law, or prohibited use
    54  of weapons as defined in subdivision two of section 265.35 of the  penal
    55  law,  relating  to  firearms  and other dangerous weapons, or failure to

        A. 1748                             5
 
     1  disclose the origin of a recording in the first  degree  as  defined  in
     2  section 275.40 of the penal law;
     3    §  11.  Subdivision  1  of  section 673 of the county law, as added by
     4  chapter 545 of the laws of 1965, is amended to read as follows:
     5    1. A coroner or medical examiner has  jurisdiction  and  authority  to
     6  investigate  the death of every person dying within his county, or whose
     7  body is found within the county, which is or appears to be:
     8    (a) A violent death, whether by criminal violence, suicide or  casual-
     9  ty;
    10    (b) A death caused by unlawful act or criminal neglect;
    11    (c) A death occurring in a suspicious, unusual or unexplained manner;
    12    (d) [A death caused by suspected criminal abortion;
    13    (e)] A death while unattended by a physician, so far as can be discov-
    14  ered,  or  where  no  physician  able  to  certify the cause of death as
    15  provided in the public health law and  in  form  as  prescribed  by  the
    16  commissioner of health can be found;
    17    [(f)]  (e)  A death of a person confined in a public institution other
    18  than a hospital, infirmary or nursing home.
    19    § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
    20  laws of 2003, is amended to read as follows:
    21    § 4. Sittings of courts to be public.  The  sittings  of  every  court
    22  within  this  state shall be public, and every citizen may freely attend
    23  the same, except that  in  all  proceedings  and  trials  in  cases  for
    24  divorce,  seduction,  [abortion,]  rape,  assault  with intent to commit
    25  rape, criminal sexual act, bastardy or filiation, the court may, in  its
    26  discretion,  exclude  therefrom  all persons who are not directly inter-
    27  ested therein, excepting jurors, witnesses, and officers of the court.
    28    § 13. This act shall take effect immediately.
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