STATE OF NEW YORK
________________________________________________________________________
2129
2021-2022 Regular Sessions
IN SENATE
January 19, 2021
___________
Introduced by Sens. JORDAN, HELMING, AKSHAR, BOYLE, GALLIVAN, GRIFFO,
O'MARA, ORTT, SERINO, TEDISCO -- read twice and ordered printed, and
when printed to be committed to the Committee on Women's Issues
AN ACT to amend the penal law, in relation to establishing the crime of
assault on a pregnant individual
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 individual.
5 A person is guilty of assault on a pregnant individual when he or she
6 intentionally or knowingly causes injury to an individual he or she
7 knows or has reason to know is pregnant.
8 1. For the purposes of this section, "injury" includes bodily injury
9 that results in the termination of a pregnancy.
10 2. This section shall not apply to acts committed by:
11 a. a pregnant individual or any person providing treatment relating to
12 an abortion for which the consent of the pregnant individual, or a
13 person authorized by law to act on behalf of the pregnant individual,
14 has been obtained or for which such consent is implied by law; or
15 b. any person providing any medical treatment of a pregnant individ-
16 ual.
17 3. This section shall be construed and applied consistent with article
18 twenty-five of the public health law and applicable laws and regulations
19 governing health procedures. Assault on a pregnant individual is a
20 class D felony.
21 § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
22 as amended by chapter 134 of the laws of 2019, is amended to read as
23 follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01535-01-1
S. 2129 2
1 (c) Class D violent felony offenses: an attempt to commit any of the
2 class C felonies set forth in paragraph (b); reckless assault of a child
3 as defined in section 120.02, assault in the second degree as defined in
4 section 120.05, assault on a pregnant individual as defined in section
5 120.05-a, menacing a police officer or peace officer as defined in
6 section 120.18, stalking in the first degree, as defined in subdivision
7 one of section 120.60, strangulation in the second degree as defined in
8 section 121.12, rape in the second degree as defined in section 130.30,
9 criminal sexual act in the second degree as defined in section 130.45,
10 sexual abuse in the first degree as defined in section 130.65, course of
11 sexual conduct against a child in the second degree as defined in
12 section 130.80, aggravated sexual abuse in the third degree as defined
13 in section 130.66, facilitating a sex offense with a controlled
14 substance as defined in section 130.90, labor trafficking as defined in
15 paragraphs (a) and (b) of subdivision three of section 135.35, criminal
16 possession of a weapon in the third degree as defined in subdivision
17 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
18 a firearm in the third degree as defined in section 265.11, intimidating
19 a victim or witness in the second degree as defined in section 215.16,
20 soliciting or providing support for an act of terrorism in the second
21 degree as defined in section 490.10, and making a terroristic threat as
22 defined in section 490.20, falsely reporting an incident in the first
23 degree as defined in section 240.60, placing a false bomb or hazardous
24 substance in the first degree as defined in section 240.62, placing a
25 false bomb or hazardous substance in a sports stadium or arena, mass
26 transportation facility or enclosed shopping mall as defined in section
27 240.63, aggravated unpermitted use of indoor pyrotechnics in the first
28 degree as defined in section 405.18, and criminal manufacture, sale, or
29 transport of an undetectable firearm, rifle or shotgun as defined in
30 section 265.50.
31 § 4. This act shall take effect immediately.
