Relates to establishing the born alive abortion survivors' protection to require any health care practitioner present at the time the child is born alive during an abortion or attempted abortion procedure to exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any other child born alive at the same gestational age; and follow the exercise of skill, care, and diligence and ensure that the child born alive is immediately transported and admitted to a hospital.
STATE OF NEW YORK
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577
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. HELMING, TEDISCO -- 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 the
born alive abortion survivors' protection act
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 2599-b-2 to read as follows:
3 § 2599-b-2. The born alive abortion survivors' protection act. 1. Any
4 health care practitioner present at the time the child is born alive
5 during an abortion or attempted abortion procedure shall:
6 (a) exercise the same degree of professional skill, care, and dili-
7 gence to preserve the life and health of the child as a reasonably dili-
8 gent and conscientious health care practitioner would render to any
9 other child born alive at the same gestational age; and
10 (b) following the exercise of skill, care, and diligence required
11 under paragraph (a) of this subdivision, ensure that the child born
12 alive is immediately transported and admitted to a hospital.
13 2. A health care practitioner licensed, certified, or authorized under
14 title eight of the education law, acting within the lawful scope of
15 practice, who has knowledge of a failure to comply with the requirements
16 of subdivision one of this section shall immediately report the failure
17 to an appropriate state or federal law enforcement agency, or to both.
18 A violation of this subdivision is a class A misdemeanor.
19 3. An individual that intentionally performs or attempts to perform an
20 overt act that kills a child born alive described under paragraph (a) of
21 subdivision one of this section, shall be guilty under section 125.25 or
22 110.05 of the penal law for intentionally killing or attempting to kill
23 a human being.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01098-01-5
S. 577 2
1 4. The birthing parent of a child born alive described under subdivi-
2 sion one of this section may not be prosecuted for a violation of this
3 section, an attempt to violate this section, a conspiracy to violate
4 this section, or an offense under subdivision two or three of this
5 section based on such a violation.
6 5. If a child is born alive and there is a violation of subdivision
7 one of this section, the birthing parent of the child born alive upon
8 whom the abortion was performed or attempted may, in a civil action
9 against any person who committed the violation, obtain appropriate
10 relief, which shall include:
11 (a) actual money damage for all injuries, psychological and physical,
12 caused by the violation of subdivision one of this section;
13 (b) statutory damages equal to three times the cost of the abortion or
14 attempted abortion; and
15 (c) punitive damages.
16 6. If judgment is rendered in favor of the plaintiff in any action
17 authorized under this section, the court shall also award, as part of
18 the costs, reasonable attorneys' fees in favor of the plaintiff against
19 the defendant. If judgment is rendered in favor of the defendant and the
20 court finds that the plaintiff's suit was frivolous or brought in bad
21 faith, then the court shall award, as part of the costs, reasonable
22 attorneys' fees in favor of the defendant against the plaintiff.
23 7. As used in this section:
24 (a) "attempt" means with respect to an abortion, conduct that, under
25 the circumstances as the actor believes them to be, constitutes a
26 substantial step in a course of conduct planned to culminate in perform-
27 ing an abortion.
28 (b) "born alive" has the same meaning as defined in section eight of
29 title one of the United States Code.
30 § 2. This act shall take effect immediately.
