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A01748 Summary:
BILL NO | A01748 |
  | |
SAME AS | SAME AS S02796 |
  | |
SPONSOR | Glick |
  | |
COSPNSR | Gottfried, Lupardo, Mayer, Heastie, Peoples-Stokes, Jaffee, Titus, Simotas, Rosenthal L, O'Donnell, Cahill, Solages, Jenne, Morelle, Abinanti, Arroyo, Barrett, Barron, Bichotte, Blake, Braunstein, Brindisi, Bronson, Buchwald, Carroll, Cook, Cymbrowitz, De La Rosa, DenDekker, Dilan, Dinowitz, D'Urso, Englebright, Fahy, Galef, Gantt, Hevesi, Hooper, Hunter, Hyndman, Jean-Pierre, Jones, Kim, Lavine, Lifton, Magnarelli, Mosley, Nolan, Otis, Paulin, Perry, Pheffer Amato, Pichardo, Pretlow, Quart, Rodriguez, Rozic, Seawright, Simon, Skartados, Skoufis, Steck, Stirpe, Thiele, Titone, Wallace, Weinstein, Weprin, Williams, Woerner, Wright, Niou, Ortiz, Espinal, Fernandez |
  | |
MLTSPNSR | Epstein |
  | |
Add Art 25-A §2599-aa, rpld §4164, Pub Health L; rpld §6811 sub 8, Ed L; rpld §§125.40 - 125.60, §125.05 subs 2 & 3, §125.15 sub 2, §125.20 sub 3, amd Art 125 Art Head, §§125.00 & 125.05, Pen L; amd §700.05, CP L; amd §673, County L; amd §4, Judy L | |
  | |
Enacts the reproductive health act; revises provisions of law relating to abortion. |
A01748 Actions:
BILL NO | A01748 | |||||||||||||||||||||||||||||||||||||||||||||||||
  | ||||||||||||||||||||||||||||||||||||||||||||||||||
01/12/2017 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | rules report cal.11 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | ordered to third reading rules cal.11 | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
01/17/2017 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | DIED IN SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2018 | ordered to third reading cal.128 | |||||||||||||||||||||||||||||||||||||||||||||||||
03/13/2018 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
03/13/2018 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
03/13/2018 | REFERRED TO HEALTH |
A01748 Floor Votes:
Yes
Abbate
Yes
Crouch
No
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Sepulveda
Yes
Abinanti
No
Curran
Yes
Gottfried
No
Lopez
Yes
Ortiz
No
Simanowitz
Yes
Arroyo
No
Cusick
No
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
ER
Lupinacci
No
Palmesano
Yes
Simotas
No
Barclay
Yes
Davila
Yes
Harris
Yes
Magee
No
Palumbo
Yes
Skartados
No
Barnwell
Yes
De La Rosa
No
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
No
Malliotakis
Yes
Peoples-Stokes
Yes
Solages
Yes
Barron
Yes
Dickens
No
Hikind
Yes
Mayer
ER
Perry
No
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Pheffer Amato
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
No
McDonough
Yes
Pichardo
Yes
Stirpe
Yes
Blake
No
DiPietro
Yes
Hyndman
No
McKevitt
Yes
Pretlow
Yes
Thiele
No
Blankenbush
Yes
D'Urso
Yes
Jaffee
No
McLaughlin
Yes
Quart
Yes
Titone
No
Brabenec
Yes
Englebright
Yes
Jean-Pierre
No
Miller B
No
Ra
Yes
Titus
Yes
Braunstein
No
Errigo
Yes
Jenne
No
Miller MG
No
Raia
Yes
Vanel
Yes
Brindisi
Yes
Fahy
No
Johns
ER
Miller ML
Yes
Ramos
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
No
Montesano
Yes
Richardson
Yes
Wallace
Yes
Buchwald
No
Finch
Yes
Joyner
Yes
Morelle
Yes
Rivera
No
Walsh
No
Butler
No
Fitzpatrick
Yes
Kavanagh
No
Morinello
Yes
Rodriguez
No
Walter
No
Byrne
No
Friend
No
Kearns
Yes
Mosley
Yes
Rosenthal
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rozic
Yes
Weprin
Yes
Carroll
Yes
Gantt
No
Kolb
No
Murray
Yes
Ryan
Yes
Williams
No
Castorina
No
Garbarino
No
Lalor
Yes
Niou
ER
Saladino
Yes
Woerner
No
Colton
No
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
No
Gjonaj
No
Lawrence
No
Norris
No
Schimminger
Yes
Zebrowski
No
Crespo
Yes
Glick
Yes
Lentol
No
Oaks
Yes
Seawright
Yes
Mr. Speaker
‡ Indicates voting via videoconference
Yes
Abbate
Yes
Crouch
Yes
Gunther
Yes
Mayer
Yes
Pichardo
No
Taylor
Yes
Abinanti
No
Curran
Yes
Harris
Yes
McDonald
Yes
Pretlow
Yes
Thiele
Yes
Arroyo
No
Cusick
No
Hawley
ER
McDonough
Yes
Quart
Yes
Titone
Yes
Aubry
Yes
Cymbrowitz
Yes
Hevesi
No
Miller B
No
Ra
ER
Titus
No
Barclay
Yes
Davila
No
Hikind
No
Miller MG
No
Raia
Yes
Vanel
No
Barnwell
Yes
De La Rosa
Yes
Hooper
No
Miller ML
Yes
Ramos
Yes
Walker
Yes
Barrett
Yes
DenDekker
Yes
Hunter
No
Montesano
Yes
Richardson
Yes
Wallace
Yes
Barron
Yes
Dickens
Yes
Hyndman
Yes
Morelle
Yes
Rivera
No
Walsh
Yes
Benedetto
Yes
Dilan
Yes
Jaffee
No
Morinello
Yes
Rodriguez
No
Walter
Yes
Bichotte
Yes
Dinowitz
Yes
Jean-Pierre
Yes
Mosley
No
Rosenthal D
Yes
Weinstein
Yes
Blake
No
DiPietro
Yes
Jenne
No
Murray
Yes
Rosenthal L
Yes
Weprin
No
Blankenbush
Yes
D'Urso
No
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
No
Brabenec
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Braunstein
No
Errigo
Yes
Joyner
No
Norris
Yes
Santabarbara
Yes
Wright
Yes
Brindisi
Yes
Fahy
Yes
Kim
No
Oaks
No
Schimminger
Yes
Zebrowski
Yes
Bronson
No
Finch
No
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Buchwald
No
Fitzpatrick
No
Lalor
Yes
Ortiz
Yes
Sepulveda
No
Butler
No
Friend
Yes
Lavine
Yes
Otis
Yes
Simon
No
Byrne
Yes
Galef
No
Lawrence
No
Palmesano
Yes
Simotas
Yes
Cahill
ER
Gantt
Yes
Lentol
No
Palumbo
ER
Skartados
Yes
Carroll
No
Garbarino
Yes
Lifton
Yes
Paulin
Yes
Skoufis
No
Castorina
No
Giglio
Yes
Lupardo
Yes
Pellegrino
Yes
Solages
No
Colton
Yes
Glick
Yes
Magee
Yes
Peoples-Stokes
No
Stec
Yes
Cook
No
Goodell
Yes
Magnarelli
Yes
Perry
Yes
Steck
No
Crespo
Yes
Gottfried
No
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe
‡ Indicates voting via videoconference
A01748 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1748 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. GLICK, GOTTFRIED, LUPARDO, MAYER, HEASTIE, PEOPLES-STOKES, JAFFEE, TITUS, SIMOTAS, ROSENTHAL, O'DONNELL, CAHILL, SOLAGES, JENNE, MORELLE, FARRELL, ABINANTI, ARROYO, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRINDISI, BRONSON, BUCHWALD, CARROLL, COOK, CYMBROWITZ, DE LA ROSA, DenDEKKER, DILAN, DINOWITZ, D'URSO, ENGLEBRIGHT, FAHY, GALEF, GANTT, HARRIS, HEVESI, HOOPER, HUNTER, HYND- MAN, JEAN-PIERRE, JONES, KAVANAGH, KIM, LAVINE, LIFTON, MAGNARELLI, MOSLEY, MOYA, NOLAN, OTIS, PAULIN, PERRY, PHEFFER AMATO, PICHARDO, PRETLOW, QUART, RODRIGUEZ, ROZIC, SEAWRIGHT, SEPULVEDA, SIMON, SKARTA- DOS, SKOUFIS, STECK, STIRPE, THIELE, TITONE, WALLACE, WEINSTEIN, WEPRIN, WILLIAMS, WOERNER, WRIGHT -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regarding abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that comprehen- 2 sive reproductive health care, including contraception and abortion, is 3 a fundamental component of a woman's health, privacy and equality. The 4 New York Constitution and United States Constitution protect a woman's 5 fundamental right to access safe, legal abortion, courts have repeatedly 6 reaffirmed this right and further emphasized that states may not place 7 undue burdens on women seeking to access such right. 8 Moreover, the legislature finds, as with other medical procedures, the 9 safety of abortion is furthered by evidence-based practices developed EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08240-03-7A. 1748 2 1 and supported by medical professionals; any regulation of medical care 2 must have a legitimate purpose. Abortion is one of the safest medical 3 procedures performed in the United States; the goal of medical regu- 4 lation should be to improve the quality and availability of health care 5 services. 6 Furthermore, the legislature declares that it is the public policy of 7 New York State that every individual possesses a fundamental right of 8 privacy and equality with respect to their personal reproductive deci- 9 sions and should be able to safely effectuate those decisions, including 10 by seeking and obtaining abortion care, free from discrimination in the 11 provision of health care. 12 Therefore, it is the intent of the legislature to prevent the enforce- 13 ment of laws or regulations that are not in furtherance of a legitimate 14 state interest in protecting a woman's health that burden abortion 15 access. 16 § 2. The public health law is amended by adding a new article 25-A to 17 read as follows: 18 ARTICLE 25-A 19 REPRODUCTIVE HEALTH ACT 20 Section 2599-aa. Abortion. 21 § 2599-aa. Abortion. 1. A health care practitioner licensed, certi- 22 fied, or authorized under title eight of the education law, acting with- 23 in his or her lawful scope of practice, may perform an abortion when, 24 according to the practitioner's reasonable and good faith professional 25 judgment based on the facts of the patient's case: the patient is within 26 twenty-four weeks from the commencement of pregnancy, or there is an 27 absence of fetal viability, or the abortion is necessary to protect the 28 patient's life or health. 29 2. This article shall be construed and applied consistent with and 30 subject to applicable laws and applicable and authorized regulations 31 governing health care procedures. 32 § 3. Section 4164 of the public health law is REPEALED. 33 § 4. Subdivision 8 of section 6811 of the education law is REPEALED. 34 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 35 law are REPEALED, and the article heading of article 125 of the penal 36 law is amended to read as follows: 37 HOMICIDE[, ABORTION] AND RELATED OFFENSES 38 § 6. Section 125.00 of the penal law is amended to read as follows: 39 § 125.00 Homicide defined. 40 Homicide means conduct which causes the death of a person [or an41unborn child with which a female has been pregnant for more than twen-42ty-four weeks] under circumstances constituting murder, manslaughter in 43 the first degree, manslaughter in the second degree, or criminally 44 negligent homicide[, abortion in the first degree or self-abortion in45the first degree]. 46 § 7. The section heading, opening paragraph and subdivision 1 of 47 section 125.05 of the penal law are amended to read as follows: 48 Homicide[, abortion] and related offenses; [definitions of terms] 49 definition. 50 The following [definitions are] definition is applicable to this arti- 51 cle: 52 [1.] "Person," when referring to the victim of a homicide, means a 53 human being who has been born and is alive. 54 § 7-a. Subdivisions 2 and 3 of section 125.05 of the penal law are 55 REPEALED. 56 § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.A. 1748 3 1 § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED. 2 § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 3 procedure law, as amended by chapter 368 of the laws of 2015, is amended 4 to read as follows: 5 (b) Any of the following felonies: assault in the second degree as 6 defined in section 120.05 of the penal law, assault in the first degree 7 as defined in section 120.10 of the penal law, reckless endangerment in 8 the first degree as defined in section 120.25 of the penal law, promot- 9 ing a suicide attempt as defined in section 120.30 of the penal law, 10 strangulation in the second degree as defined in section 121.12 of the 11 penal law, strangulation in the first degree as defined in section 12 121.13 of the penal law, criminally negligent homicide as defined in 13 section 125.10 of the penal law, manslaughter in the second degree as 14 defined in section 125.15 of the penal law, manslaughter in the first 15 degree as defined in section 125.20 of the penal law, murder in the 16 second degree as defined in section 125.25 of the penal law, murder in 17 the first degree as defined in section 125.27 of the penal law, 18 [abortion in the second degree as defined in section 125.40 of the penal19law, abortion in the first degree as defined in section 125.45 of the20penal law,] rape in the third degree as defined in section 130.25 of the 21 penal law, rape in the second degree as defined in section 130.30 of the 22 penal law, rape in the first degree as defined in section 130.35 of the 23 penal law, criminal sexual act in the third degree as defined in section 24 130.40 of the penal law, criminal sexual act in the second degree as 25 defined in section 130.45 of the penal law, criminal sexual act in the 26 first degree as defined in section 130.50 of the penal law, sexual abuse 27 in the first degree as defined in section 130.65 of the penal law, 28 unlawful imprisonment in the first degree as defined in section 135.10 29 of the penal law, kidnapping in the second degree as defined in section 30 135.20 of the penal law, kidnapping in the first degree as defined in 31 section 135.25 of the penal law, labor trafficking as defined in section 32 135.35 of the penal law, aggravated labor trafficking as defined in 33 section 135.37 of the penal law, custodial interference in the first 34 degree as defined in section 135.50 of the penal law, coercion in the 35 first degree as defined in section 135.65 of the penal law, criminal 36 trespass in the first degree as defined in section 140.17 of the penal 37 law, burglary in the third degree as defined in section 140.20 of the 38 penal law, burglary in the second degree as defined in section 140.25 of 39 the penal law, burglary in the first degree as defined in section 140.30 40 of the penal law, criminal mischief in the third degree as defined in 41 section 145.05 of the penal law, criminal mischief in the second degree 42 as defined in section 145.10 of the penal law, criminal mischief in the 43 first degree as defined in section 145.12 of the penal law, criminal 44 tampering in the first degree as defined in section 145.20 of the penal 45 law, arson in the fourth degree as defined in section 150.05 of the 46 penal law, arson in the third degree as defined in section 150.10 of the 47 penal law, arson in the second degree as defined in section 150.15 of 48 the penal law, arson in the first degree as defined in section 150.20 of 49 the penal law, grand larceny in the fourth degree as defined in section 50 155.30 of the penal law, grand larceny in the third degree as defined in 51 section 155.35 of the penal law, grand larceny in the second degree as 52 defined in section 155.40 of the penal law, grand larceny in the first 53 degree as defined in section 155.42 of the penal law, health care fraud 54 in the fourth degree as defined in section 177.10 of the penal law, 55 health care fraud in the third degree as defined in section 177.15 of 56 the penal law, health care fraud in the second degree as defined inA. 1748 4 1 section 177.20 of the penal law, health care fraud in the first degree 2 as defined in section 177.25 of the penal law, robbery in the third 3 degree as defined in section 160.05 of the penal law, robbery in the 4 second degree as defined in section 160.10 of the penal law, robbery in 5 the first degree as defined in section 160.15 of the penal law, unlawful 6 use of secret scientific material as defined in section 165.07 of the 7 penal law, criminal possession of stolen property in the fourth degree 8 as defined in section 165.45 of the penal law, criminal possession of 9 stolen property in the third degree as defined in section 165.50 of the 10 penal law, criminal possession of stolen property in the second degree 11 as defined by section 165.52 of the penal law, criminal possession of 12 stolen property in the first degree as defined by section 165.54 of the 13 penal law, trademark counterfeiting in the second degree as defined in 14 section 165.72 of the penal law, trademark counterfeiting in the first 15 degree as defined in section 165.73 of the penal law, forgery in the 16 second degree as defined in section 170.10 of the penal law, forgery in 17 the first degree as defined in section 170.15 of the penal law, criminal 18 possession of a forged instrument in the second degree as defined in 19 section 170.25 of the penal law, criminal possession of a forged instru- 20 ment in the first degree as defined in section 170.30 of the penal law, 21 criminal possession of forgery devices as defined in section 170.40 of 22 the penal law, falsifying business records in the first degree as 23 defined in section 175.10 of the penal law, tampering with public 24 records in the first degree as defined in section 175.25 of the penal 25 law, offering a false instrument for filing in the first degree as 26 defined in section 175.35 of the penal law, issuing a false certificate 27 as defined in section 175.40 of the penal law, criminal diversion of 28 prescription medications and prescriptions in the second degree as 29 defined in section 178.20 of the penal law, criminal diversion of 30 prescription medications and prescriptions in the first degree as 31 defined in section 178.25 of the penal law, residential mortgage fraud 32 in the fourth degree as defined in section 187.10 of the penal law, 33 residential mortgage fraud in the third degree as defined in section 34 187.15 of the penal law, residential mortgage fraud in the second degree 35 as defined in section 187.20 of the penal law, residential mortgage 36 fraud in the first degree as defined in section 187.25 of the penal law, 37 escape in the second degree as defined in section 205.10 of the penal 38 law, escape in the first degree as defined in section 205.15 of the 39 penal law, absconding from temporary release in the first degree as 40 defined in section 205.17 of the penal law, promoting prison contraband 41 in the first degree as defined in section 205.25 of the penal law, 42 hindering prosecution in the second degree as defined in section 205.60 43 of the penal law, hindering prosecution in the first degree as defined 44 in section 205.65 of the penal law, sex trafficking as defined in 45 section 230.34 of the penal law, criminal possession of a weapon in the 46 third degree as defined in subdivisions two, three and five of section 47 265.02 of the penal law, criminal possession of a weapon in the second 48 degree as defined in section 265.03 of the penal law, criminal 49 possession of a weapon in the first degree as defined in section 265.04 50 of the penal law, manufacture, transport, disposition and defacement of 51 weapons and dangerous instruments and appliances defined as felonies in 52 subdivisions one, two, and three of section 265.10 of the penal law, 53 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 54 of weapons as defined in subdivision two of section 265.35 of the penal 55 law, relating to firearms and other dangerous weapons, or failure toA. 1748 5 1 disclose the origin of a recording in the first degree as defined in 2 section 275.40 of the penal law; 3 § 11. Subdivision 1 of section 673 of the county law, as added by 4 chapter 545 of the laws of 1965, is amended to read as follows: 5 1. A coroner or medical examiner has jurisdiction and authority to 6 investigate the death of every person dying within his county, or whose 7 body is found within the county, which is or appears to be: 8 (a) A violent death, whether by criminal violence, suicide or casual- 9 ty; 10 (b) A death caused by unlawful act or criminal neglect; 11 (c) A death occurring in a suspicious, unusual or unexplained manner; 12 (d) [A death caused by suspected criminal abortion;13(e)] A death while unattended by a physician, so far as can be discov- 14 ered, or where no physician able to certify the cause of death as 15 provided in the public health law and in form as prescribed by the 16 commissioner of health can be found; 17 [(f)] (e) A death of a person confined in a public institution other 18 than a hospital, infirmary or nursing home. 19 § 12. Section 4 of the judiciary law, as amended by chapter 264 of the 20 laws of 2003, is amended to read as follows: 21 § 4. Sittings of courts to be public. The sittings of every court 22 within this state shall be public, and every citizen may freely attend 23 the same, except that in all proceedings and trials in cases for 24 divorce, seduction, [abortion,] rape, assault with intent to commit 25 rape, criminal sexual act, bastardy or filiation, the court may, in its 26 discretion, exclude therefrom all persons who are not directly inter- 27 ested therein, excepting jurors, witnesses, and officers of the court. 28 § 13. This act shall take effect immediately.