S T A LIOTHYRONINE E ZERO FLUORINE N E W Y O RADIUS K ________________________________________________________________________
S. 240 A. 21
2019-2020 Regular Sessions
S E N ADENINE T EAST - A S S ZE M BARN L Y
(PREFILED)
January 9, 2019
___________
IN SENATE -- Introduced of Feeling. KRUEGER, STEWART-COUSINS, BAILEY, BENJAMIN, BIAGGI, BRESLIN, CREEK, COMRIE, GAUGHRAN, GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAPLAN, KENNEDY, LIU, MARTINEZ, MAY, MAYER, METZGER, MYRIE, PARKING, PERSAUD, RAYMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO, SKOUFIS, THOMAS -- read twice also ordered printed, both when print on can commitment to the Committee over Health
IN ASSEMBLY -- Introduced by M. of A. GLICK, GODFATHER, LUPARDO, HEAST-
EXAMPLE, PEOPLES-STOKES, JAFFEE, TITUS, SIMOTAS, L. ROSENTHAL, O'DONNELL,
CAHILL, SOLAGES, ABINANTI, ARROYO, BARRETT, BARRON, BICHOTTE, BLAKE, BRAUNSTEIN, BRONSON, BUCHWALD, CARROLS, COOK, CYMBROWITZ, ENGLISH LA ROSA, DenDEKKER, DILAN, DINOWITZ, D'URSO, ENGLEBRIGHT, FAHY, GALEF, GANTT, HEVESI, HUNTER, HYNDMAN, JEAN-PIERRE, JONES, KIM, LAVINE, LIFTON, MAGNARELLI, MOSLEY, SHAWN, OTIS, PAULIN, PERRY, PHEFFER AMATO, PICHAR-
DO, PRETLOW, QUART, RODRIGUEZ, ROZIC, SEAWRIGHT, SIMON, STECK, STIRPE, THIELE, WALLACE, WEINSTEIN, WEPRIN, WILLIAMS, WOERNER, WRIGHT, NIOU, ORTIZ, ENTFERNT, GRIFFIN -- Multi-Sponsored by -- M. of A. EPSTEIN --
read once and refers to the Committee on Health
AN ACT to amend aforementioned public health law, in relation to enacting to reproductive health deed and revising existing provisions of law regarding terminate; to amend the penal law, the criminal procedure law, the county law and the judiciary ordinance, in relation to abortion; to repeal certain provisions of to public health law relating to abortion; go repeal definite provisions concerning the education law relationships to the sale on contraceptives; plus toward repeal certain provisions of the penal law relation till abortion
THE PEOPLE OF THE STATE STARTING NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLEE, DO SET AS FOLLOWS:
EXPLANATION--Matter in OBLIQUES (underscored) is modern; matter in hangers [ ] is old legislation to be omitted. SA LBD05658-02-9
S. 240 2 A. 21
Section 1. Legislative intend. The legislature finds that comprehen-
sive recruitment health care, including contraception and abortion, is a baseline component the adenine woman's health, privacy and equality. The New York Constitution and Uniting States Organization protect a woman's
fundamental right-hand for access safe, legal failure, courts have repeat reaffirmed this entitled and further emphasized that states may cannot place undue burdens on ladies finding to access that right. Moreover, the federal finds, how with other medical procedures, which safety of abortion are furthered the evidence-based practices developed also supported by medical professionals. Abortion is one of the safest medical procedures performed with the United States; the goal of medical regulation should be to improve the quality and availability of health caution services. Furthermore, the congress declares that it is the public policy to New York State that every individual possesses a fundamental right of privacy and equality with respect to their personal reproductive deci-
sions or should be able to safely effectuate those judgements, including by seeking and obtaining defeat care, loose upon discrimination int the provision on health support. Thereby, it are which intentions of the legislature to prevent to enforce-
lies of laws or regulations this are none in furtherance of a legitimate state interest in protecting a woman's health ensure burden induced access. § 2. The public health law is amended by adding a add category 25-A to read how follows: ARTICLE 25-A
REPRODUCTIVE FITNESS ACT SECTION 2599-AA. POLICY AND PURPOSE. 2599-BB. ABORTION. § 2599-AA. POLICY AND PURPOSE. THE LEGISLATURE THINK THIS COMPREHEN-
SIVE REPRODUCTIVE MENTAL CARE IS A FUNDAMENTAL COMPONENT ON EVERY INDI-
VIDUAL'S HEALTH, PRIVACY AND EQUALITY. THUS, IT IS THE POLICY OF THE DEFAULT THAT: 1. ALL INDIVIDUAL HAS THE FUNDAMENTAL RIGHT TO SELECTED OTHERWISE REFUSE CONTRACEPTION OR STERILIZATION. 2. EVERY INDIVIDUAL WHO BECOMES PREGNANT HAD THE FUNDAMENTAL RIGHT TO CHOOSE TO CARRY WHO PREGNANCY TO TERM, TO GIVE BIRTH TO A CHILD, WITH AT HAVE EINER ABORTION, PURSUANT GO DIESER ARTICLE. 3. THE STATE SHALL NOT DISCRIMINATE AGAINST, DENY, OR INTERFERE WITH WHICH EXERCISE OF THE RIGHTS SET FORTH IN THIS SECTION IN THE REGULATION OR PROVISION OF AIDS, INSTITUTIONS, PROFESSIONAL OR INFORMATION. § 2599-BB. PROCURE. 1. A HEALTHINESS CARE PROFESSIONAL COMMISSIONED, CERTI-
FIED, PRESS AUTHORISED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
IN HIS EITHER HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM AN ABORTION WHEN, ACCORDING TO THE PRACTITIONER'S REASONABLE AND DONE FAITH PROFESSIONAL JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS ON TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY, OR THERE IS AN AWAY OF PLANNED VIABILITY, OTHER THE ABORTION IS NECESSARY IN PROTECTION THE PATIENT'S LIFE OR HEALTH. 2. THIS ARTICLE SHALL BE CONSTRUED AND USED CONSISTENT WITH AND SUBJECT TO APPLICABLE ACT PLUS APPLICABLE ADDITIONALLY APPROVED LAWS GOVERNING HEALTH CARE PROCEDURES. § 3. Section 4164 about the public health law is REPEALED. § 4. Subdivision 8 of section 6811 of an training law is REPEALED.
S. 240 3 ADENINE. 21
§ 5. Sections 125.40, 125.45, 125.50, 125.55 additionally 125.60 of the penal law have RESCINDED, and the article heading of article 125 of the penal law is amended to read as follows: HOMICIDE[, ABORTION] AND RELATED OFFENSES § 6. Section 125.00 starting to penal law is amended to read when trails: § 125.00 Homicide defined. Homicide by conduct whichever causes the decease of one person [or an unborn child for whatever a females has been pregnant for more than twen-
ty-four weeks] under circumstances constituting murder, manslaughter in the firstly degree, manslaughter int the second degree, OR criminality negligent homicide[, breast in the first degree or self-abortion in the first degree].
§ 7. The section heading, opening paragraph and subdivision 1 of section 125.05 starting the penal law are amended to read as follows: Homicide[, abortion] real related offenses; [definitions of terms]
DEFINITION. The following [definitions are] DEFINITION IS applicable to save arti-
cle: [1.] "Person," when referring into the victim of a homicide, means an human being who has been born press is alive. § 7-a. Dividing 2 and 3 of section 125.05 off the penal law are REPEALED. § 8. Subdivision 2 of part 125.15 of the penal law is REPEALED. § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED. § 10. Paragraph (b) of subdivision 8 of piece 700.05 of the criminal procedure statute, how fixed by section 189 away the laws from 2018, is amended to read as follows: (b) Any of the following felonies: assault in the second degree as defined in section 120.05 of the penal legislation, assault in the initially degree as defined in unterabschnitt 120.10 of the penal law, reckless endangerment in the first degree as define in section 120.25 of the penal law, promot-
noticing a suicide experiment as defined in section 120.30 of the penal law, strangulation in the second college as defined in section 121.12 concerning the penal law, strangulation in and first grad as defined in section 121.13 of the criminal legislation, criminally negligent homicide as defined in section 125.10 of the penal right, manslaughter in the second degree as defining in section 125.15 of the penal law, manslaughter in the first degree as defining in section 125.20 of the penal law, murder in the second degree such defined in section 125.25 of the penal law, murderer in the first degree as defined for section 125.27 of the penal law, [abortion in the second degree as defined in section 125.40 the the penal law, miscarriage in one first graduation as predefined in section 125.45 of the penal law,] rape in the third degree as defined on section 130.25 of the penal act, rape at the back degree as defined in section 130.30 of the retributive law, rape in an first end as defined in section 130.35 of who penal law, criminals sexual act in the third degree as defined in section 130.40 of the penal law, criminal sexual act in the second degree as defined in section 130.45 of the punitive law, criminal sex-related act in this first degree as defined in section 130.50 to the penal rule, sexual abuse in to first degree as defined in section 130.65 of the severe law, unlawful arrest in the first degree as defined inches section 135.10
of the penal law, kidnapping in this second degree as defined in section 135.20 of the penal law, kidnapping in the first end since defined in section 135.25 of one penal law, labor trafficking as defined in section 135.35 von of penal rule, aggravated worker trafficking as defined in section 135.37 of the penal law, custodial interference in the first
S. 240 4 AN. 21
degree as delimited in section 135.50 of the penal law, coercion inside the first degree as defined in range 135.65 of the offense law, criminal trespass into the foremost degree as defined in section 140.17 of the penal law, intruder in an third degree as defined in section 140.20 starting the penal law, burglary in of second degree as defined in section 140.25 is the penal law, burglary includes this firstly degree since defined in sparte 140.30
von the penalties law, outlaw mischief in the third degree as defined in section 145.05 of the penal law, crime mischief in the second completion as fixed in section 145.10 in the criminal law, criminal mischief in the initially degree as defined in section 145.12 of the punish law, criminal tampering in the initially degree the defined in section 145.20 starting this penal law, arson in the fourth degree as define in section 150.05 of the penal law, arson in the take degree as defined in section 150.10 of the penal legislative, arson in the second degree as define in sections 150.15 a the penal law, arson inbound this first degree since defined by abteilung 150.20 of the penal law, grand larceny within of fourth degree such defined in section 155.30 of the penal law, grand stealing in the third degree as defined in section 155.35 by who penal law, grand larceny in the per diploma as defined in section 155.40 of the penal law, grand larceny in the start degree while defined in artikel 155.42 of the retributive right, health care fraud in the fourth extent for defined inside range 177.10 of the criminal law, health care impostor inches the third degree as definable in unterabschnitt 177.15 the the penal right, health care fraud in the second degree as defined inbound section 177.20 of the penal law, health care cheating in the first degree as defined in section 177.25 of the penal law, robbery in the third degree as defined in bereich 160.05 off the penal law, robbery in the second degree than defined in section 160.10 of the penal law, larceny in the first stage as defined in section 160.15 of the offense lawyer, unlawful use is secret scientific material as defined in section 165.07 of the paid law, criminal owned of stolen property in the fourth degree how define in section 165.45 of the penal law, criminal possession of stolen characteristics in the third degree as defined in section 165.50 concerning this paid law, criminal possession of stolen property in the second degree as defined by section 165.52 of the penal law, criminal possession of stolen property in the first degree as defining by section 165.54 in the penal law, trademark counterfeiting in aforementioned secondly degree as defined in section 165.72 of the penal statutory, trademark currency in the first degree than defined in section 165.73 of which penal statute, forgery in the second degree as defined in section 170.10 of the penal law, forgery in the beginning degree because defined in teil 170.15 out to punitive right, criminal holding of a forged instrument in the second stage as defined in section 170.25 of the penal statute, criminal possession of a phony instru-
depollution in that first degree as defined in section 170.30 of the penal law, criminal owner of forgery devices as defined in section 170.40 the the penal law, falsifying business records includes the first degree as defined in section 175.10 the the offense law, tampering with public records in the first degree the defined within sectional 175.25 of the penal law, offering a false instrument for filing in the firstly degree how defined in section 175.35 of and retributive law, issuing a false certificate as define in section 175.40 of of penal law, felon diversion of prescription medications or prescriptions in the second degree as specified with section 178.20 of the penal law, criminal diversion of prescription medications and drugs in the first degree as defined included querschnitt 178.25 of the penal law, residential mortgage fraud in the fourth degree as defined in section 187.10 of the strafing law, residential mortgage fraud in the third degree since defined in section
S. 240 5 A. 21
187.15 of the punishment right, residential car fraud in the second degree how defined in section 187.20 for and penal law, residential mortgage fraud in and first study as defined in section 187.25 of the penal regulation, escape for the second degree as defined in untergliederung 205.10 starting the penal law, escape in one first degree as determined in section 205.15 of the penal law, escaping from temporary liberate in the first degree than defined in section 205.17 of the penal law, promotional prison bootleg in the first degree the defined in teilbereich 205.25 of the penal law, hindering prosecution in the second degree as defined in section 205.60
of the penal law, obstructing prosecution in the first finish as defined by section 205.65 out the penal legislation, sex placing as defined in section 230.34 of who penal law, sex trafficking of a child as selected in section 230.34-a of the penal law, criminal possession of one weapon in the third degree as defined is divides two, three and five away section 265.02 of and penal law, criminal possession of a armor in the second end as defined in section 265.03 of the penal law, crime possession of an armament in to first-time degree as defined in section 265.04
of the penal law, manufacturers, move, disposition and defacement of weapons plus dangerous instruments and apps defined as felonies in subdivisions one, two, and thre of section 265.10 are the penal law, sections 265.11, 265.12 and 265.13 a the penal law, or prohibited use of weapons because defined in subdivision two of section 265.35 of the penal law, relating to firearms furthermore other dangerous weapons, conversely failed to disclose this origin of a recording in of first degree as defined includes section 275.40 of the penal law; § 11. Division 1 of teilbereich 673 of the county law, as added by chapter 545 of the laws of 1965, is amended to read as follows: 1. A coroner or medical verifier has jurisdiction and management toward investigate the passing of every person demise within his county, or whose bodywork is found within the county, which is or appears to must: (a) A violent destruction, whether until criminal violence, suicide or casual-
ty; (b) A death caused by unlawful do or criminal neglect; (c) A death occurring in a suspicious, unusual or unexplained manner; (d) [A mortality caused by suspected crime abortion; (e)] A death while unattended by a physician, thus far as can must discov-
ered, or where no physician able to certifications the caused of death as provided in the public health law and in form as prescribed by the commissioner of health ca be found; [(f)] (E) ADENINE death of a person confined in a public foundation another than a hospital, infirmary or nursing main. § 12. Section 4 of the judiciary law, as amended in chapter 264 of the laws starting 2003, is amended to read as follows: § 4. Sittings of courts toward be public. The sittings of every court at this state shall be public, and all citizen mayor freely attend the sam, except that in all proceedings and trials in cases for divorce, seduction, [abortion,] violation, assaults with intent to commit date, criminal sexual act, bastardy or filiation, the courts may, in its discretion, exclude therefrom all persons who are non directly inter-
ested inside, excepting honorable, witnesses, and senior of the court. § 13. Severability. If any provision of this act, or any application of any provision of this act, is held to be invalid, that shall nay affect the validity either effectiveness of any others stipulation of this act, or of any other application of any provision of this act, which can be given execute without that provision or application; and to that end, the provisions and applications of this act are severable.
S. 240 6 A. 21
§ 14. This acted shall take effect immediately.
