NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6221
SPONSOR: Glick (MS)
TITLE OF BILL: An act to amend the public health law, in relation to
PURPOSE OR GENERAL IDEA OF BILL: Relates to access to reproductive
SUMMARY OF SPECIFIC PROVISIONS: Article 41 of the public health law is
amended by adding a new title 6-A.
§ 4166 provides that the state shall not deny a woman's right to obtain
an abortion as established by the United States Supreme Court in the
decision Roe v. Wade, 410 U.S. 113 (1973).
§ 2. Effective date.
JUSTIFICATION: This bill codifies the alignment of State law with
existing federal law. In Roe v. Wade, 410 U.S. 113 (1973), the United
State Supreme Court ruled that the United States Constitution protects a
woman's right to have an abortion prior to fetal viability or when
necessary to protect the health and life of the woman. Although current
State law does not have all of these protections, this has, in fact and
in law, been the law in New York for over forty years; this proposal
would not change or alter existing State and federal laws that permit a
health care provider or institutions from refraining from providing an
abortion for religious or moral beliefs. This bill would not expand the
class of individuals who could perform abortions, nor would it alter the
current long-standing criminal ban on partial birth abortion. The bill
simply codifies the reproductive rights that women in New York have had
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.
STATE OF NEW YORK
2015-2016 Regular Sessions
March 17, 2015
Introduced by M. of A. GLICK, TITUS, SIMOTAS, HEASTIE, PEOPLES-STOKES,
JAFFEE, ROSENTHAL, O'DONNELL, CAHILL, SOLAGES, RUSSELL, MORELLE, GOTT-
FRIED, FARRELL, ABINANTI, ARROYO, AUBRY, BARRETT, BARRON, BICHOTTE,
BLAKE, BRAUNSTEIN, BRENNAN, BRINDISI, BRONSON, BROOK-KRASNY, CLARK,
COOK, CYMBROWITZ, DAVILA, DenDEKKER, DINOWITZ, ENGLEBRIGHT, FAHY,
GALEF, GANTT, GUNTHER, HEVESI, HOOPER, JEAN-PIERRE, KAMINSKY,
KAVANAGH, KIM, LAVINE, LIFTON, LINARES, LUPARDO, MAGNARELLI, MARKEY,
MAYER, MOSLEY, MOYA, NOLAN, ORTIZ, OTIS, PAULIN, PERRY, PERSAUD, PRET-
LOW, QUART, ROBERTS, ROBINSON, ROZIC, SCARBOROUGH, SCHIMEL, SEAWRIGHT,
SEPULVEDA, SILVER, SIMON, SKARTADOS, SKOUFIS, STECK, THIELE, TITONE,
WALKER, WEINSTEIN, WEPRIN, WOERNER, WRIGHT, ZEBROWSKI -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to reproductive
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 41 of the public health law is amended by adding a
2 new title 6-A to read as follows:
3 TITLE VI-A
4 REPRODUCTIVE SERVICES
5 Section 4166. Access to reproductive services.
6 § 4166. Access to reproductive services. The state shall not deny a
7 woman's right to obtain an abortion as established by the United States
8 Supreme Court in the decision Roe v. Wade, 410 U.S.113 (1973). Notwith-
9 standing any law to the contrary, New York protects a woman's right to
10 terminate a pregnancy within twenty-four weeks from commencement of her
11 pregnancy, or when necessary to protect a woman's life or health as
12 determined by a licensed physician.
13 Nothing in this section shall be construed to conflict with any appli-
14 cable state or federal law or regulation permitting a health care
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 6221 2
1 provider to refrain from providing abortions due to the provider's reli-
2 gious or moral beliefs.
3 Nothing in this section shall conflict with the partial birth abortion
4 ban codified under 18 USC section 1531.
5 No prosecution or proceeding shall be brought or maintained under the
6 penal law or otherwise for acts that are authorized or permitted pursu-
7 ant to this section or by this chapter and the education law.
8 Subdivisions two and three of section 125.05, subdivision two of
9 section 125.15, subdivision three of section 125.20 and sections 125.40,
10 125.45, 125.50, 125.55 and 125.60 of the penal law are hereby repealed
11 to the extent that they are inconsistent with this section.
12 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.