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S05332 Summary:

Add §2599-cc, Pub Health L
Relates to establishing the born alive abortion survivors' protection act.
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S05332 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 26, 2019
        Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to  establishing  the
          born alive abortion survivors' protection act
          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  2599-cc to read as follows:
     3    §  2599-cc. The born alive abortion survivors' protection act. 1.  Any
     4  health care practitioner present at the time the  child  is  born  alive
     5  during an abortion or attempted abortion procedure shall:
     6    (a)  exercise  the  same degree of professional skill, care, and dili-
     7  gence to preserve the life and health of the child as a reasonably dili-
     8  gent and conscientious health care  practitioner  would  render  to  any
     9  other child born alive at the same gestational age; and
    10    (b)  following  the  exercise  of  skill, care, and diligence required
    11  under paragraph (a) of this subdivision,  ensure  that  the  child  born
    12  alive is immediately transported and admitted to a hospital.
    13    2. A health care practitioner licensed, certified, or authorized under
    14  title  eight of the education law, acting within his or her lawful scope
    15  of practice, who has knowledge of a failure to comply with the  require-
    16  ments  of  subdivision  one of this section shall immediately report the
    17  failure to an appropriate state or federal law enforcement agency, or to
    18  both.
    19    A violation of this subdivision is a class A misdemeanor.
    20    3. An individual that intentionally performs or attempts to perform an
    21  overt act that kills a child born alive described under paragraph (a) of
    22  subdivision one of this section, shall be guilty under section 125.25 or
    23  110.05 of the penal law for intentionally killing or attempting to  kill
    24  a human being.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 5332                             2
     1    4. The mother of a child born alive described under subdivision one of
     2  this  section  may not be prosecuted for a violation of this section, an
     3  attempt to violate this section, a conspiracy to violate  this  section,
     4  or  an  offense  under subdivision two or three of this section based on
     5  such a violation.
     6    5.  If  a  child is born alive and there is a violation of subdivision
     7  one of this section, the mother of the child born alive  upon  whom  the
     8  abortion  was  performed or attempted may, in a civil action against any
     9  person who committed the violation,  obtain  appropriate  relief,  which
    10  shall include:
    11    (a)  actual money damage for all injuries, psychological and physical,
    12  caused by the violation of subdivision one of this section:
    13    (b) statutory damages equal to three times the cost of the abortion or
    14  attempted abortion; and
    15    (c) punitive damages.
    16    6. If judgment is rendered in favor of the  plaintiff  in  any  action
    17  authorized  under  this  section, the court shall also award, as part of
    18  the costs, reasonable attorneys' fees in favor of the plaintiff  against
    19  the defendant. If judgment is rendered in favor of the defendant and the
    20  court  finds  that  the plaintiff's suit was frivolous or brought in bad
    21  faith, then the court shall award, as  part  of  the  costs,  reasonable
    22  attorneys' fees in favor of the defendant against the plaintiff.
    23    7. As used in this section:
    24    (a)  "attempt"  means with respect to an abortion, conduct that, under
    25  the circumstances as the  actor  believes  them  to  be,  constitutes  a
    26  substantial step in a course of conduct planned to culminate in perform-
    27  ing an abortion.
    28    (b)  "born  alive" has the same meaning as defined in section eight of
    29  title one of the United States Code.
    30    § 2. This act shall take effect immediately.
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