A06545 Summary:

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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A06545 Actions:

03/26/2015referred to health
01/06/2016referred to health
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A06545 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     March 26, 2015
        Introduced by M. of A. CRESPO -- read once and referred 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    §  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.

        A. 6545                             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  sex-
    11  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, as added by chapter six hundred six of the laws of nineteen
    29  hundred ninety-one.
    30    5. In every proceeding or action instituted under  this  section,  the
    31  anonymity  of any female upon whom an abortion is performed or attempted
    32  shall be preserved unless she gives her consent to such disclosure.  The
    33  court,  upon  motion  or  sua sponte, shall issue orders to the parties,
    34  witnesses and counsel, and shall direct the sealing of  the  record  and
    35  exclusion  of individuals from courtrooms or hearing rooms to the extent
    36  necessary to safeguard the female's identity from public disclosure.  In
    37  the  absence  of written consent of the female upon whom an abortion has
    38  been performed or attempted, any  plaintiff  who  institutes  an  action
    39  under subdivision three of this section shall do so under a pseudonym.
    40    §  2.  If  any  provision,  word,  phrase or clause of this act or the
    41  application thereof to any person or circumstance is held invalid,  such
    42  invalidity  shall  not  affect the provisions, words, phrases, clause or
    43  applications of this act which can be given effect without  the  invalid
    44  provision,  word,  phrase,  clause  or application, and to this end, the
    45  provisions, words, phrases, and clauses of this act are declared  to  be
    46  severable.  If  the  application  of this act to the period of pregnancy
    47  prior to viability is held  invalid,  then  such  invalidity  shall  not
    48  affect  its application to the period of pregnancy subsequent to viabil-
    49  ity.
    50    § 3. This act shall take effect immediately.
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