S02286 Summary:

BILL NO    S02286 

SAME AS    SAME AS A02533

SPONSOR    BALL

COSPNSR    MAZIARZ

MLTSPNSR   

Add S230-e, Pub Health L

Establishes a cause of action for damages against a person who attempts or
performs a sex selective abortion.
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S02286 Actions:

BILL NO    S02286 

01/15/2013 REFERRED TO HEALTH
01/08/2014 REFERRED TO HEALTH
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S02286 Votes:

There are no votes for this bill in this legislative session.
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S02286 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2286

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 15, 2013
                                      ___________

       Introduced  by  Sen.  BALL  --  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  a
         cause  of action for damages against a person who attempts or performs
         a sex selective abortion

         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 section
    2  230-e to read as follows:
    3    S 230-E. PROHIBITION OF SEX SELECTIVE  ABORTION.    1.  THE  FOLLOWING
    4  WORDS OR PHRASES, AS USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEAN-
    5  INGS:
    6    (A)  "ABORTION"  MEANS  THE  INTENTIONAL  USE  OR  PRESCRIPTION OF ANY
    7  INSTRUMENT, MEDICINE, DRUG OR ANY OTHER SUBSTANCE OR DEVICE OR METHOD TO
    8  TERMINATE THE LIFE OF AN UNBORN CHILD, OR TO TERMINATE THE PREGNANCY  OF
    9  A  WOMAN  KNOWN TO BE PREGNANT WITH AN INTENTION OTHER THAN TO PRODUCE A
   10  LIVE BIRTH AND PRESERVE THE LIFE AND HEALTH  OF  THE  CHILD  AFTER  LIVE
   11  BIRTH,  OR  TO  REMOVE  AN ECTOPIC PREGNANCY, OR TO REMOVE A DEAD UNBORN
   12  CHILD WHO DIED AS THE RESULT OF NATURAL CAUSES, ACCIDENTAL TRAUMA, OR  A
   13  CRIMINAL ASSAULT ON THE PREGNANT WOMAN.
   14    (B)  "ATTEMPT  TO  PERFORM  AN  ABORTION"  MEANS  TO  DO OR OMIT TO DO
   15  ANYTHING THAT, UNDER THE CIRCUMSTANCES AS THE ACTOR BELIEVES THEM TO BE,
   16  IS AN ACT OR OMISSION CONSTITUTING A SUBSTANTIAL STEP  IN  A  COURSE  OF
   17  CONDUCT  PLANNED  TO  CULMINATE  IN  AN ABORTION. SUCH SUBSTANTIAL STEPS
   18  INCLUDE, BUT ARE NOT LIMITED TO: (I)  AGREEING  WITH  AN  INDIVIDUAL  TO
   19  PERFORM  AN ABORTION ON THAT INDIVIDUAL OR ON SOME OTHER PERSON, WHETHER
   20  OR NOT THE TERM "ABORTION" IS USED IN THE AGREEMENT, AND WHETHER OR  NOT
   21  THE AGREEMENT IS CONTINGENT ON ANOTHER FACTOR SUCH AS RECEIPT OF PAYMENT
   22  OR  A DETERMINATION OF PREGNANCY; AND (II) SCHEDULING OR PLANNING A TIME
   23  TO PERFORM AN ABORTION  ON  AN  INDIVIDUAL,  WHETHER  OR  NOT  THE  TERM
   24  "ABORTION"  IS USED, AND WHETHER OR NOT THE PERFORMANCE IS CONTINGENT ON

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00903-01-3
       S. 2286                             2

    1  ANOTHER FACTOR SUCH AS RECEIPT OF PAYMENT OR A DETERMINATION OF PREGNAN-
    2  CY. THIS DEFINITION SHALL NOT BE CONSTRUED TO REQUIRE THAT  AN  ABORTION
    3  PROCEDURE ACTUALLY BE INITIATED FOR AN ATTEMPT TO OCCUR.
    4    (C)  "PHYSICIAN"  MEANS  A  DOCTOR  OF  MEDICINE OR OSTEOPATHY LEGALLY
    5  AUTHORIZED TO PRACTICE MEDICINE IN THE STATE.
    6    2. NO PERSON SHALL KNOWINGLY  OR  RECKLESSLY  PERFORM  OR  ATTEMPT  TO
    7  PERFORM  AN  ABORTION WITH KNOWLEDGE THAT THE PREGNANT FEMALE IS SEEKING
    8  THE ABORTION SOLELY ON ACCOUNT OF THE SEX OF THE UNBORN  CHILD.  NOTHING
    9  IN  THIS  SECTION  SHALL BE CONSTRUED TO PROSCRIBE THE PERFORMANCE OF AN
   10  ABORTION BECAUSE THE  UNBORN  CHILD  HAS  A  GENETIC  DISORDER  THAT  IS
   11  SEX-LINKED.
   12    3.  ANY  PERSON UPON WHOM AN ABORTION WAS PERFORMED OR ATTEMPTED TO BE
   13  PERFORMED IN VIOLATION OF SUBDIVISION TWO OF THIS SECTION, THE FATHER OF
   14  THE UNBORN CHILD, OR THE GRANDPARENT OF THE UNBORN CHILD MAY MAINTAIN AN
   15  ACTION AGAINST THE PERSON WHO PERFORMED  OR  ATTEMPTED  TO  PERFORM  THE
   16  ABORTION.  THE PERSON WHO PERFORMED OR ATTEMPTED TO PERFORM THE ABORTION
   17  MAY BE LIABLE IN SUCH AN ACTION FOR PUNITIVE DAMAGES NOT TO  EXCEED  TEN
   18  THOUSAND  DOLLARS  AND  FOR DAMAGES THE PLAINTIFF ACTUALLY SUSTAINED. NO
   19  PLAINTIFF SHALL BE ESTOPPED FROM RECOVERY  IN  SUCH  AN  ACTION  ON  THE
   20  GROUND  THAT  EITHER  THE PLAINTIFF OR THE PERSON UPON WHOM THE ABORTION
   21  WAS PERFORMED GAVE CONSENT TO THE ABORTION.
   22    4. AN ABORTION PROVIDER  WHO  KNOWINGLY  OR  RECKLESSLY  PERFORMED  OR
   23  ATTEMPTED  TO  PERFORM AN ABORTION IN VIOLATION OF THIS SECTION SHALL BE
   24  CONSIDERED TO HAVE ENGAGED  IN  UNPROFESSIONAL  CONDUCT  FOR  WHICH  THE
   25  CERTIFICATE  OR  LICENSE OF THE PROVIDER TO PROVIDE HEALTH CARE SERVICES
   26  IN THIS STATE SHALL BE SUSPENDED OR  REVOKED  BY  THE  STATE  BOARD  FOR
   27  PROFESSIONAL MEDICAL CONDUCT PURSUANT TO SECTION TWO HUNDRED THIRTY-A OF
   28  THIS TITLE.
   29    5.  IN  EVERY  PROCEEDING OR ACTION INSTITUTED UNDER THIS SECTION, THE
   30  ANONYMITY OF ANY FEMALE UPON WHOM AN ABORTION IS PERFORMED OR  ATTEMPTED
   31  SHALL  BE PRESERVED UNLESS SHE GIVES HER CONSENT TO SUCH DISCLOSURE. THE
   32  COURT, UPON MOTION OR SUA SPONTE, SHALL ISSUE  ORDERS  TO  THE  PARTIES,
   33  WITNESSES  AND  COUNSEL,  AND SHALL DIRECT THE SEALING OF THE RECORD AND
   34  EXCLUSION OF INDIVIDUALS FROM COURTROOMS OR HEARING ROOMS TO THE  EXTENT
   35  NECESSARY  TO SAFEGUARD THE FEMALE'S IDENTITY FROM PUBLIC DISCLOSURE. IN
   36  THE ABSENCE OF WRITTEN CONSENT OF THE FEMALE UPON WHOM AN  ABORTION  HAS
   37  BEEN  PERFORMED  OR  ATTEMPTED,  ANY  PLAINTIFF WHO INSTITUTES AN ACTION
   38  UNDER SUBDIVISION THREE OF THIS SECTION SHALL DO SO UNDER A PSEUDONYM.
   39    S 2. If any provision, word, phrase or  clause  of  this  act  or  the
   40  application  thereof to any person or circumstance is held invalid, such
   41  invalidity shall not affect the provisions, words,  phrases,  clause  or
   42  applications  of  this act which can be given effect without the invalid
   43  provision, word, phrase, clause or application, and  to  this  end,  the
   44  provisions,  words,  phrases, and clauses of this act are declared to be
   45  severable. If the application of this act to  the  period  of  pregnancy
   46  prior  to  viability  is  held  invalid,  then such invalidity shall not
   47  affect its application to the period of pregnancy subsequent to  viabil-
   48  ity.
   49    S 3. This act shall take effect immediately.
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