A06112 Summary:

BILL NOA06112
 
SAME ASSAME AS S02844
 
SPONSORGlick (MS)
 
COSPNSRGottfried, Rosenthal, Peoples-Stokes, Rivera N, Pretlow, Hooper, Silver, Heastie, Lifton, Wright, Cahill, Bronson, Abinanti, Lancman, Roberts, Galef, Dinowitz, Simotas, Weisenberg, Titus, Castro, Magnarelli, Weprin, Linares, Quart, Clark, Meng, Brindisi, Hevesi
 
MLTSPNSRArroyo, Aubry, Barron, Boyland, Brennan, Crouch, Cymbrowitz, Englebright, Farrell, Jacobs, Jaffee, Kellner, Latimer, Lavine, Lupardo, Mayer, Miller J, Millman, Nolan, O'Donnell, Paulin, Perry, Rodriguez, Russell, Sayward, Scarborough, Schimel, Thiele, Weinstein
 
Add Art 17 SS1700 - 1703, amd S4164, Pub Health L; rpld S6811 sub 8, Ed L; rpld SS125.40, 125.45, 125.50, 125.55 & 125.60, amd Art 125 Art Head, SS125.00, 125.05, 125.15 & 125.20, Pen L; amd S700.05, CP L; amd S673, County L; amd S4, Judy L
 
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.
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A06112 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6112
 
SPONSOR: Glick (MS)
  TITLE OF BILL: 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 contra- ceptives; and to repeal certain provisions of the penal law relating to abortion   PURPOSE: To codify the protections recognized by the United States Supreme Court in Roe v. Wade and in subsequent cases that confirmed the right of individuals to make reproductive determinations, this bill establishes a fundamental, statutory right to privacy in making personal reproductive decisions and updates New York's abortion and contraception laws to correct constitutional defects and ensure that abortion is treated as a health matter.   SUMMARY OF PROVISIONS: Section one of the bill provides that the bill shall be known as the "Reproductive Health Act" Section two of the bill creates a new Article 17 of the Public Health Law (PHL), which establishes in statute affirmative reproductive rights, specifically: (1) the fundamental right of every individual to choose or refuse contraception, and (2) the fundamental right of every female to determine the course of her pregnancy. Section 2 of the bill further states that an abortion may be performed by a qualified practitioner in the absence of fetal viability and at any time when necessary to protects a female's life or health. Section two of the bill also provides that the senate shall not deny, regulate or restrict these fundamental rights, except by law, regulation or policy that is narrowly tailored to serve a compelling State interest or by a generally applicable law or regulation governing matters such as practitioner licensing, pharmaceuticals and medical devices, and medical procedures. Section 2 additionally prohibits the State from discriminating against the exercise of reproductive rights in the provision of benefits, facil- ities, services, or information. Section 2 of the bill also states that nothing contained in the new PHL Article 17 alters any existing protections under state or federal law or regulation that permit a health care provider to refrain from providing abortions due to the provider's religious or moral belief Section 2 of the bill further sets forth certain definitions. In partic- ular, the bill defines fetal viability as the point in pregnancy when, as determined by a physician or other qualified practitioners acting in good faith in accordance with generally accepted medical standards: (1) the gestational age of the fetus, measured from the first day of the woman's last menstrual period, is at least 24 weeks, and (2) there is a reasonable likelihood of the fetus sustained survival outside the uterus without application of extraordinary medical measures. Section 3 of the bill amends § PHL 4164 to provide that in the case of an abortion performed after a fetus is considered viable, the procedure may be delayed for the arrival of a second physician to take charge of a live birth only if the delay will not jeopardize the females life or health. Section 4 of the bill repeals Education Law § 6811(8), which pertains to the sale, distribution, advertisement and display of contraceptives. Section 5 and 7 of the bill repeal the five abortion-related crimes contained in the Penal Law, amend the title of Penal Law article 125 to delete the reference to abortion, and delete the definition of "abor- tional act" and "justifiable abortional act" from Penal Law § 125.05 Section 6 of the bill amend the definition of "homicide" to delete references to "unborn child" and abortion. Section 8 and 9 of the bill amend the first and second degree manslaughter statutes to delete the sections relating to causing a death of a female during the performance of an abortion. Section 10, 11, and 12 of the bill make conforming changes by removing references to the crime of abortion in the Criminal Procedure Law, the County Law, arid the Judiciary Law. Section 13 of the bill provides that the bill would take effect imme- diately.   EXISTING LAW: Several New York statutes are unenforceable because they fail to protect rights recognized by the federal constitution, as interpreted by the United States Supreme Court. This bill revises New York law to remove the unenforceable provisions. Article 125 of the Penal Law defines the crime of first-degree abortion and first-degree self abortion as homicides. Abortion or self-abortion is criminal unless justifiable, which means that it is a medical proce- dure performed with a female's consent: (1) under a reasonable belief that it is necessary to save the woman's life; or (2) when a woman is no more than twenty-four weeks pregnant. The crimes of manslaughter in the first and second degrees both include sections that impose criminal liability when a woman dies during the performance of an abortion that is not justifiable. Several components of article 125 conflict with decisions of the Supreme Court in Roe v. Wade and subsequent cases. In particular, Article 125 does not authorize a later-term abortion when a woman's health is at stake, and also criminalizes certain abortions performed before viability but after 24 weeks - both circumstance that conflict with the Roe line of cases, making current New York law unen- forceable. PHL § 4161(1) provides that abortion performed after the twelfth week of pregnancy may be performed only in a "hospital" and only on an in-pa- tient basis. The subdivision further provides the abortion performed after the twentieth week of pregnancy must be attended by a second physician who is to take Charge of and provide immediate medical care for any live birth that may result from such abortion. This statute cannot be enforced in its current form in the State of New York due to several United States supreme court decisions that effectively invali- dated various aspects of the law. Education Law § 6811(8) prohibits the sale distribution of contracep- tives to minors under the age of sixteen, requires the sale of contra- ceptives to person who are sixteen or over may be authorized only by a licensed pharmacist, and prohibits the advertisement or display of contraceptives. This statute was found to be unconstitutional, as applied to non-prescription contraceptives, by the United States Supreme Court in 1977, and thus is not followed.   STATEMENT IN SUPPORT: In 1970, New York legalized abortions in some circumstances, thereby recognizing that a woman has a fundamental right to make decisions about the course of her pregnancy. Three years later, the United States Supreme Court issued its landmark decision in Roe v. Wade, 410 U.S. 113(1973), holding that a woman has a fundamental right, protected by the federal constitution, to an abortion prior to fetal viability and, in cases there her life or health are at risk after viability. During the three decades since Roe v. Wade was decided, there has been numerous federal court decisions clarifying the scope to abortion, but New York's laws have never been updated and certain provisions are clearly uncon- stitutional. Significantly, New York law currently does not contain any statement affirmatively recognizing a woman's right to choose the course of her pregnancy. Instead, the statuary contours of legal abortion are found only in negative form; the Penal Law sets forth the circumstances in which abortions are illegal, and only from those provisions can one discern the circumstances in which abortions are permitted. Specifically, the Penal Law makes abortion a crime unless the woman is no more than 24 weeks pregnant or an abortion is necessary to save her life. These provisions deprive a woman of her constitutional rights, as articulated by Roe because they criminalize an abortion performed after 24 weeks of pregnancy, even if the fetus is non-viable, and they crimi- nalize a post-viability abortion that is necessary to protect a woman's health. This bill corrects those provisions of State law which unconstitu- tionally burden a woman's right to obtain an abortion, and establishes an affirmative right to make reproductive health decisions in law. The bill eliminates Penal Law provisions to abortion, which draw an unneces- sary distinction between, abortion procedures and other medical proce- dures. These changes are similar abortion procedures without a license faces the criminal sanctions as any other unlicensed person who performs a medical procedure. The bill's elimination of the Penal Law provisions pertaining to abortion does not mean that there are no sanctions available to punish an act, such as assault, which is committed against a pregnant woman without consent and results in termination of a pregnancy or renders a viable fetus non-viable. Depending on the circumstances, such injuries would constitute "physical injury" or " serious physical injury" to the woman, as those terms are defined by Penal Law § 10.00, and could serve as the basis for criminal liability for several assault and assault-re- lated offenses. See People v. Vercelletoo, 135 Misc.2d 40, 46-47 (Ulster Co. Ct 1987) ( finding that the destruction of placenta and miscarriage of seven-month fetus constituted a serious physical injury to the woman under the Penal Law); cf. People v. Thompson; 224 AD. 2d 950 (4th Dept.1996) (suggesting that evidence that victims suffered a miscarriage would be admissible as proof of serious physical injury to the victim). The perpetrators could also be answerable for his or her actions in a civil lawsuit brought by the victim. See Insurance Law §§ 5102(2) and 5104 (including " loss of a fetus" in the list of personal injuries which, if experienced as the result of a motor vehicle acci- dent, constitute "serious injury" and can serve as the basis of a lawsuit notwithstanding the no-fault system). As noted, the bill seeks to ensure that abortion is treated as a health matter and that women are free to make reproductive health decisions. Accordingly, the bill provides that the State is prohibited from discriminating against the exercise of reproductive rights in the provision of benefits, facilities, services, or information, which is intended to ensure continued public funding of abortion services. Howev- er, as with any other health matter, the right to make a decision about the course of medical treatment is not completely unfettered; as expressly stated in new PHL Article 17, as the State may infringe upon the fundamental right to have an abortion, but only by narrowly tailored law, regulation or policy, or by statutes and regulation of general applicability that pertain to matters such as professional licensing or regulation of medical facilities. For example, current New York law addresses certain aspects of later- term abortions under PHL § 4164, requiring that abortions after twelfth week of pregnancy must be performed in a hospital on in-patient status and that a second physician must be present if an abortion is performed after viability to take charge of any resulting live birth. The bill does not seek to eliminate regulation of later-term abortion, but it does correct several constitutional deficiencies associated with the statute. See City of Akron v. Akron Center for Reproductive Health, 462 U.S. 416, 438- 39(1983)(invalidating an Akron, Ohio ordinance requiring abortions after 12 weeks of pregnancy be performed in a hospital); over- ruled on other grounds, Planned Parenthood v. Casey, 505 U.S. 833 (1992); Planned Parenthood Association of Kansas City. Missouri. Inc v. Ashcroft, 462 U.S. 476, 481-82 (1983) (invalidating a Missouri require- ment that abortions after 12 weeks of pregnancy be performed in a hospi- tal); Thornbugh v. America! College of Obstetricians and Gynecologists. 476 U.S. 747 (1986) ( finding the second physician requirement to be unconstitutional because it did not include an exception for emergen- cies). Specifically, the bill amends PHL §4164 to: (1) permit abortions to be performed after viability in appropriate Article 28 facilities, which include general hospital and clinics, without requiring in-pa- tients status;(2) adopt the viability standard in determining when a second physician must be present during an abortion; and (3) provide an exception to the second physician requirement when delay in securing the second physician's attendance would endanger the woman's life or health The bill also provides that the new PHL Article 17 does not alter any existing protections under existing "conscience clauses" - state or federal laws or regulations that permit a health care provider to refrain from providing abortions due to the provider's religious or moral beliefs. Finally, in addition to establishing in statute the right to an abortion, this bill also contains an affirmative statement of reproduc- tive rights, to make clear that in New York all individuals have the right to use or refuse contraceptives. The bill also repeals Education Law § 6811(8) because the provision was expressly found to be unconsti- tutional, as applied to non-prescription contraceptives, by the Supreme Court in Carey v. Population Services International, 431 U.S. 678(1977),   FISCAL IMPLICATIONS: This bill is anticipated to have no fiscal implications.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law.
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A06112 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6112
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    §  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    § 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    §  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    §  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    §  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    § 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    § 4. Subdivision 8 of section 6811 of the education law is REPEALED.
    18    §  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    § 6. Section 125.00 of the penal law is amended to read as follows:
    23  § 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    § 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  §  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    § 8. Section 125.15 of the penal law is amended to read as follows:

        A. 6112                             4
 
     1  § 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    §  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  § 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    § 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    § 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    § 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    §  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    §  13.  This act shall take effect on the thirtieth day after it shall
     4  have become a law.
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