STATE OF NEW YORK
________________________________________________________________________
10433
IN ASSEMBLY
April 20, 2018
___________
Introduced by M. of A. BARNWELL -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the penal law, in relation to
enacting the reproductive health act and revising existing provisions
of law regarding abortion; and to repeal certain provisions of the
education law relating to the sale of contraceptives
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The public health law is amended by adding a new article
2 25-A to read as follows:
3 ARTICLE 25-A
4 REPRODUCTIVE HEALTH ACT
5 Section 2599-aa. Abortion.
6 § 2599-aa. Abortion. 1. A health care practitioner licensed, certi-
7 fied, or authorized under title eight of the education law, acting with-
8 in his or her lawful scope of practice, may perform an abortion when,
9 according to the practitioner's reasonable and good faith professional
10 judgment based on the facts of the patient's case: there is an absence
11 of fetal viability or the abortion is necessary to protect the patient's
12 life or health.
13 2. No regulation, rule, provision, or law, shall be made or imple-
14 mented that places an undue burden in the path of a woman seeking an
15 abortion of a nonviable fetus. An "undue burden" shall have the purpose
16 or effect of placing a substantial obstacle in the path of a woman seek-
17 ing an abortion of a nonviable fetus.
18 § 2. Subdivision 8 of section 6811 of the education law is REPEALED.
19 § 3. Section 125.00 of the penal law is amended to read as follows:
20 § 125.00 Homicide defined.
21 Homicide means conduct which causes the death of a person or [an
22 unborn child with which a female has been pregnant for more than twen-
23 ty-four weeks] a viable fetus under circumstances constituting murder,
24 manslaughter in the first degree, manslaughter in the second degree,
25 criminally negligent homicide, abortion in the first degree or self-a-
26 bortion in the first degree.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14505-02-8
A. 10433 2
1 § 4. Subdivision 3 of section 125.05 of the penal law, as amended by
2 chapter 127 of the laws of 1970, is amended to read as follows:
3 3. "Justifiable abortional act." (a) An abortional act is justifiable
4 when committed upon a female with her consent by a duly licensed physi-
5 cian acting [(a) under a reasonable belief that] under a reasonable and
6 good faith professional judgment based on the facts of the patient's
7 case (i) that such act is necessary to preserve her life or health, or[,
8 (b) within twenty-four weeks from the commencement of her pregnancy]
9 (ii) there is an absence of fetal viability.
10 (b) A pregnant female's commission of an abortional act upon herself
11 is justifiable when she acts upon the [advice] good faith professional
12 judgment of a duly licensed physician [(1)] (i) that such act is neces-
13 sary to preserve her life or health, or[, (2) within twenty-four weeks
14 from the commencement of her pregnancy] (ii) there is an absence of
15 fetal viability.
16 The submission by a female to an abortional act is justifiable when
17 she believes that it is being committed by a duly licensed physician[,]
18 acting under [a reasonable belief] the physician's good faith profes-
19 sional judgment (i) that such act is necessary to preserve her life or
20 health, or[, within twenty-four weeks from the commencement of her preg-
21 nancy] (ii) there is an absence of fetal viability.
22 § 5. Section 125.15 of the penal law is amended to read as follows:
23 § 125.15 Manslaughter in the second degree.
24 A person is guilty of manslaughter in the second degree when:
25 1. He or she recklessly causes the death of another person; or
26 2. He or she commits upon a female an abortional act which causes her
27 death, unless such abortional act is justifiable pursuant to subdivision
28 three of section 125.05 of this article; or
29 3. He or she intentionally causes or aids another person to commit
30 suicide.
31 Manslaughter in the second degree is a class C felony.
32 § 6. Section 125.20 of the penal law, subdivision 3 as amended and
33 subdivision 4 as added by chapter 477 of the laws of 1990, is amended to
34 read as follows:
35 § 125.20 Manslaughter in the first degree.
36 A person is guilty of manslaughter in the first degree when:
37 1. With intent to cause serious physical injury to another person, he
38 or she causes the death of such person or of a third person; or
39 2. With intent to cause the death of another person, he or she causes
40 the death of such person or of a third person under circumstances which
41 do not constitute murder because he or she acts under the influence of
42 extreme emotional disturbance, as defined in paragraph (a) of subdivi-
43 sion one of section 125.25 of this article. The fact that homicide was
44 committed under the influence of extreme emotional disturbance consti-
45 tutes a mitigating circumstance reducing murder to manslaughter in the
46 first degree and need not be proved in any prosecution initiated under
47 this subdivision; or
48 3. He or she commits upon a female pregnant [for more than twenty-four
49 weeks] with a viable fetus an abortional act which causes her death,
50 unless such abortional act is justifiable pursuant to subdivision three
51 of section 125.05 of this article; or
52 4. Being eighteen years old or more and with intent to cause physical
53 injury to a person less than eleven years old, the defendant recklessly
54 engages in conduct which creates a grave risk of serious physical injury
55 to such person and thereby causes the death of such person.
56 Manslaughter in the first degree is a class B felony.
A. 10433 3
1 § 7. Section 125.40 of the penal law is amended to read as follows:
2 § 125.40 Abortion in the second degree.
3 A person is guilty of abortion in the second degree when he or she
4 commits an abortional act upon a female, unless such abortional act is
5 justifiable pursuant to subdivision three of section 125.05 of this
6 article.
7 Abortion in the second degree is a class E felony.
8 § 8. Section 125.45 of the penal law is amended to read as follows:
9 § 125.45 Abortion in the first degree.
10 A person is guilty of abortion in the first degree when he or she
11 commits upon a female pregnant [for more than twenty-four weeks] with a
12 viable fetus an abortional act which causes the miscarriage of such
13 female, unless such abortional act is justifiable pursuant to subdivi-
14 sion three of section 125.05 of this article.
15 Abortion in the first degree is a class D felony.
16 § 9. Section 125.55 of the penal law is amended to read as follows:
17 § 125.55 Self-abortion in the first degree.
18 A female is guilty of self-abortion in the first degree when, being
19 pregnant [for more than twenty-four weeks] with a viable fetus, she
20 commits or submits to an abortional act upon herself which causes her
21 miscarriage, unless such abortional act is justifiable pursuant to
22 subdivision three of section 125.05 of this article.
23 Self-abortion in the first degree is a class A misdemeanor.
24 § 10. This act shall take effect immediately.
