A06799 Summary:

BILL NOA06799
 
SAME ASSAME AS S04740
 
SPONSORManktelow
 
COSPNSRReilly, Goodell, Lalor, DeStefano, Brabenec, Blankenbush, Giglio, Byrnes, Raia, Morinello, Friend, Salka, DiPietro, Mikulin, McDonough, Hawley, Walsh, Palmesano, Byrne, Lawrence, Miller B
 
MLTSPNSRBarclay, Cook
 
Add 120.05-a & 120.10-a, amd 70.02, Pen L
 
Establishes the crimes of assault on a pregnant woman in the second degree as a class D felony and assault on a pregnant woman in the first degree as a class C felony.
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A06799 Actions:

BILL NOA06799
 
03/20/2019referred to codes
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A06799 Committee Votes:

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A06799 Floor Votes:

There are no votes for this bill in this legislative session.
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A06799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6799
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 20, 2019
                                       ___________
 
        Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred to the
          Committee on Codes
 
        AN ACT to amend the penal law, in relation to establishing the crime  of
          assault on a pregnant woman
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited as the "Liv Act".
     2    § 2. The penal law is amended by adding new section 120.05-a  to  read
     3  as follows:
     4  § 120.05-a Assault on a pregnant woman in the second degree.
     5    A person is guilty of assault on a pregnant woman in the second degree
     6  when he or she intentionally causes injury to a woman he or she knows or
     7  has reason to know is pregnant or causes injury to her unborn child.
     8    1.  For  the purposes of this section, "injury" includes bodily injury
     9  to her unborn child.
    10    2. This section shall not apply to acts committed by:
    11    a. a pregnant woman or any person providing treatment relating  to  an
    12  abortion  for  which  the  consent  of  the  pregnant woman, or a person
    13  authorized by law to act on behalf  of  the  pregnant  woman,  has  been
    14  obtained or for which such consent is implied by law; or
    15    b. any person providing any medical treatment of a pregnant woman.
    16    3. This section shall be construed and applied consistent with article
    17  twenty-five of the public health law and applicable laws and regulations
    18  governing health procedures.
    19    Assault on a pregnant woman in the second degree is a class D felony.
    20    § 3. The penal law is amended by adding a new section 120.10-a to read
    21  as follows:
    22  § 120.10-a Assault on a pregnant woman in the first degree.
    23    A  person is guilty of assault on a pregnant woman in the first degree
    24  when he or she intentionally causes serious injury to a woman he or  she

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08661-05-9

        A. 6799                             2
 
     1  knows  or  has  reason  to  know  is pregnant or causes the death of her
     2  unborn child.
     3    1. This section shall not apply to acts committed by:
     4    a.  a  pregnant woman or any person providing treatment relating to an
     5  abortion for which the consent  of  the  pregnant  woman,  or  a  person
     6  authorized  by  law  to  act  on  behalf of the pregnant woman, has been
     7  obtained or for which such consent is implied by law; or
     8    b. any person providing any medical treatment of a pregnant woman.
     9    2. This section shall be construed and applied consistent with article
    10  twenty-five of the public health law and applicable laws and regulations
    11  governing health procedures.
    12    Assault on a pregnant woman in the first degree is a class C felony.
    13    § 4. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
    14  penal  law,  paragraph (b) as amended by chapter 476 of the laws of 2018
    15  and paragraph (c) as amended by chapter 368 of the  laws  of  2015,  are
    16  amended to read as follows:
    17    (b)  Class  C violent felony offenses: an attempt to commit any of the
    18  class B felonies set forth in paragraph (a) of this subdivision;  aggra-
    19  vated criminally negligent homicide as defined in section 125.11, aggra-
    20  vated  manslaughter  in  the second degree as defined in section 125.21,
    21  aggravated sexual abuse in the  second  degree  as  defined  in  section
    22  130.67, assault on a peace officer, police officer, firefighter or emer-
    23  gency  medical  services  professional  as  defined  in  section 120.08,
    24  assault on a judge as defined in section 120.09, assault on  a  pregnant
    25  woman  in  the first degree as defined in section 120.10-a, gang assault
    26  in the second degree as defined in section 120.06, strangulation in  the
    27  first degree as defined in section 121.13, burglary in the second degree
    28  as defined in section 140.25, robbery in the second degree as defined in
    29  section  160.10, criminal possession of a weapon in the second degree as
    30  defined in section 265.03, criminal use  of  a  firearm  in  the  second
    31  degree  as  defined in section 265.08, criminal sale of a firearm in the
    32  second degree as defined in section 265.12, criminal sale of  a  firearm
    33  with  the aid of a minor as defined in section 265.14, aggravated crimi-
    34  nal possession of a weapon as defined in section 265.19,  soliciting  or
    35  providing support for an act of terrorism in the first degree as defined
    36  in  section  490.15,  hindering  prosecution  of terrorism in the second
    37  degree as defined in section 490.30, and criminal possession of a chemi-
    38  cal weapon or biological weapon  in  the  third  degree  as  defined  in
    39  section 490.37.
    40    (c)  Class  D violent felony offenses: an attempt to commit any of the
    41  class C felonies set forth in paragraph (b); reckless assault of a child
    42  as defined in section 120.02, assault in the second degree as defined in
    43  section 120.05, assault on a pregnant woman  in  the  second  degree  as
    44  defined  in section 120.05-a, menacing a police officer or peace officer
    45  as defined in section 120.18, stalking in the first degree,  as  defined
    46  in subdivision one of section 120.60, strangulation in the second degree
    47  as  defined  in  section 121.12, rape in the second degree as defined in
    48  section 130.30, criminal sexual act in the second degree as  defined  in
    49  section  130.45,  sexual abuse in the first degree as defined in section
    50  130.65, course of sexual conduct against a child in the second degree as
    51  defined in section 130.80, aggravated sexual abuse in the  third  degree
    52  as  defined  in  section  130.66,  facilitating  a  sex  offense  with a
    53  controlled substance as defined in section 130.90, labor trafficking  as
    54  defined  in  paragraphs  (a)  and  (b)  of  subdivision three of section
    55  135.35, criminal possession of a weapon in the third degree  as  defined
    56  in  subdivision  five, six, seven, eight, nine or ten of section 265.02,

        A. 6799                             3
 
     1  criminal sale of a firearm in the third degree  as  defined  in  section
     2  265.11, intimidating a victim or witness in the second degree as defined
     3  in section 215.16, soliciting or providing support for an act of terror-
     4  ism  in  the  second  degree  as defined in section 490.10, and making a
     5  terroristic threat as defined in section 490.20,  falsely  reporting  an
     6  incident  in  the  first  degree as defined in section 240.60, placing a
     7  false bomb or hazardous substance in the  first  degree  as  defined  in
     8  section  240.62, placing a false bomb or hazardous substance in a sports
     9  stadium or arena, mass transportation facility or enclosed shopping mall
    10  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    11  pyrotechnics in the first degree as defined in section 405.18.
    12    § 5. This act shall take effect immediately.
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