S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2796
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sens.  KRUEGER, STEWART-COUSINS, BRESLIN, COMRIE, DILAN,
   GIANARIS, HOYLMAN, KAMINSKY,  LATIMER,  MONTGOMERY,  PARKER,  PERALTA,
   PERSAUD, RIVERA, SERRANO, SQUADRON, STAVISKY -- 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 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:
 
   Section  1.  Legislative intent. The legislature finds that comprehen-
 sive reproductive health care, including contraception and abortion,  is
 a  fundamental  component of a woman's health, privacy and equality. The
 New York Constitution and United States Constitution protect  a  woman's
 fundamental right to access safe, legal abortion, courts have repeatedly
 reaffirmed  this  right and further emphasized that states may not place
 undue burdens on women seeking to access such right.
   Moreover, the legislature finds, as with other medical procedures, the
 safety of abortion is furthered by  evidence-based  practices  developed
 and  supported  by medical professionals; any regulation of medical care
 must have a legitimate purpose. Abortion is one of  the  safest  medical
 procedures  performed  in  the  United States; the goal of medical regu-
 lation should be to improve the quality and availability of health  care
 services.
   Furthermore,  the legislature declares that it is the public policy of
 New York State that every individual possesses a  fundamental  right  of
 privacy  and  equality with respect to their personal reproductive deci-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08240-03-7

 S. 2796                             2
 
 sions and should be able to safely effectuate those decisions, including
 by seeking and obtaining abortion care, free from discrimination in  the
 provision of health care.
   Therefore, it is the intent of the legislature to prevent the enforce-
 ment  of laws or regulations that are not in furtherance of a legitimate
 state interest in protecting  a  woman's  health  that  burden  abortion
 access.
   §  2. The public health law is amended by adding a new article 25-A to
 read as follows:
                               ARTICLE 25-A
                          REPRODUCTIVE HEALTH ACT
 SECTION 2599-AA. ABORTION.
   § 2599-AA. ABORTION. 1. A HEALTH CARE  PRACTITIONER  LICENSED,  CERTI-
 FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
 IN  HIS  OR  HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM AN ABORTION WHEN,
 ACCORDING TO THE PRACTITIONER'S REASONABLE AND GOOD  FAITH  PROFESSIONAL
 JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS WITHIN
 TWENTY-FOUR  WEEKS  FROM  THE  COMMENCEMENT OF PREGNANCY, OR THERE IS AN
 ABSENCE OF FETAL VIABILITY, OR THE ABORTION IS NECESSARY TO PROTECT  THE
 PATIENT'S LIFE OR HEALTH.
   2.  THIS  ARTICLE  SHALL  BE CONSTRUED AND APPLIED CONSISTENT WITH AND
 SUBJECT TO APPLICABLE LAWS AND  APPLICABLE  AND  AUTHORIZED  REGULATIONS
 GOVERNING HEALTH CARE PROCEDURES.
   § 3. Section 4164 of the public health law is REPEALED.
   § 4. Subdivision 8 of section 6811 of the education law is REPEALED.
   §  5.  Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
 law are REPEALED, 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 of the penal law is amended to read as follows:
 § 125.00 Homicide defined.
   Homicide  means  conduct  which  causes  the  death of a person [or an
 unborn child with which a female has been pregnant for more  than  twen-
 ty-four  weeks] under circumstances constituting murder, manslaughter in
 the first degree, manslaughter  in  the  second  degree,  OR  criminally
 negligent  homicide[,  abortion  in the first degree or self-abortion in
 the first degree].
   § 7. The section heading,  opening  paragraph  and  subdivision  1  of
 section 125.05 of the penal law are amended to read as follows:
   Homicide[,  abortion]  and  related  offenses;  [definitions of terms]
 DEFINITION.
   The following [definitions are] DEFINITION IS applicable to this arti-
 cle:
   [1.] "Person," when referring to the victim of  a  homicide,  means  a
 human being who has been born and is alive.
   §  7-a.  Subdivisions  2  and 3 of section 125.05 of the penal law are
 REPEALED.
   § 8. Subdivision 2 of section 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 section 700.05 of the criminal
 procedure law, as amended by chapter 368 of the laws of 2015, 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 law, assault in the first degree
 as defined in section 120.10 of the penal law, reckless endangerment  in
 the  first degree as defined in section 120.25 of the penal law, promot-

 S. 2796                             3
 
 ing a suicide attempt as defined in section 120.30  of  the  penal  law,
 strangulation  in  the second degree as defined in section 121.12 of the
 penal law, strangulation in the  first  degree  as  defined  in  section
 121.13  of  the  penal  law, criminally negligent homicide as defined in
 section 125.10 of the penal law, manslaughter in the  second  degree  as
 defined  in  section  125.15 of the penal law, manslaughter in the first
 degree as defined in section 125.20 of the  penal  law,  murder  in  the
 second  degree  as defined in section 125.25 of the penal law, murder in
 the first degree  as  defined  in  section  125.27  of  the  penal  law,
 [abortion in the second degree as defined in section 125.40 of the penal
 law,  abortion  in  the first degree as defined in section 125.45 of the
 penal law,] rape in the third degree as defined in section 130.25 of the
 penal law, rape in the second degree as defined in section 130.30 of the
 penal law, rape in the first degree as defined in section 130.35 of  the
 penal law, criminal 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 penal law, criminal sexual act  in  the
 first degree as defined in section 130.50 of the penal law, sexual abuse
 in  the  first  degree  as  defined  in section 130.65 of the penal law,
 unlawful imprisonment in the first degree as defined in  section  135.10
 of  the penal law, kidnapping in the second degree as defined in section
 135.20 of the penal law, kidnapping in the first degree  as  defined  in
 section 135.25 of the penal law, labor trafficking as defined in section
 135.35  of  the  penal  law,  aggravated labor trafficking as defined in
 section 135.37 of the penal law, custodial  interference  in  the  first
 degree  as  defined  in section 135.50 of the penal law, coercion in the
 first degree as defined in section 135.65 of  the  penal  law,  criminal
 trespass  in  the first degree as defined in section 140.17 of the penal
 law, burglary in the third degree as defined in section  140.20  of  the
 penal law, burglary in the second degree as defined in section 140.25 of
 the penal law, burglary in the first degree as defined in section 140.30
 of  the  penal  law, criminal mischief in the third degree as defined in
 section 145.05 of the penal law, criminal mischief in the second  degree
 as  defined in section 145.10 of the penal law, criminal mischief in the
 first degree as defined in section 145.12 of  the  penal  law,  criminal
 tampering  in the first degree as defined in section 145.20 of the penal
 law, arson in the fourth degree as defined  in  section  150.05  of  the
 penal law, arson in the third degree as defined in section 150.10 of the
 penal  law,  arson  in the second degree as defined in section 150.15 of
 the penal law, arson in the first degree as defined in section 150.20 of
 the penal law, grand larceny in the fourth degree as defined in  section
 155.30 of the penal law, grand larceny in the third degree as defined in
 section  155.35  of the penal law, grand larceny in the second degree as
 defined in section 155.40 of the penal law, grand larceny in  the  first
 degree  as defined in section 155.42 of the penal law, health care fraud
 in the fourth degree as defined in section  177.10  of  the  penal  law,
 health  care  fraud  in the third degree as defined in section 177.15 of
 the penal law, health care fraud in the  second  degree  as  defined  in
 section  177.20  of the penal law, health care fraud in the first degree
 as defined in section 177.25 of the penal  law,  robbery  in  the  third
 degree  as  defined  in  section 160.05 of the penal law, robbery in the
 second degree as defined in section 160.10 of the penal law, robbery  in
 the first degree as defined in section 160.15 of the penal law, unlawful
 use  of  secret  scientific material as defined in section 165.07 of the
 penal law, criminal possession of stolen property in the  fourth  degree
 as  defined  in  section 165.45 of the penal law, criminal possession of

 S. 2796                             4
 
 stolen property in the third degree as defined in section 165.50 of  the
 penal  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 defined by section 165.54 of the
 penal law, trademark counterfeiting in the second degree as  defined  in
 section  165.72  of the penal law, trademark counterfeiting in the first
 degree as defined in section 165.73 of the penal  law,  forgery  in  the
 second  degree as defined in section 170.10 of the penal law, forgery in
 the first degree as defined in section 170.15 of the penal law, criminal
 possession of a forged instrument in the second  degree  as  defined  in
 section 170.25 of the penal law, criminal possession of a forged instru-
 ment  in the first degree as defined in section 170.30 of the penal law,
 criminal possession of forgery devices as defined in section  170.40  of
 the  penal  law,  falsifying  business  records  in  the first degree as
 defined in section 175.10  of  the  penal  law,  tampering  with  public
 records  in  the  first degree as defined in section 175.25 of the penal
 law, offering a false instrument for  filing  in  the  first  degree  as
 defined  in section 175.35 of the penal law, issuing a false certificate
 as defined in section 175.40 of the penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  second degree as
 defined in section 178.20  of  the  penal  law,  criminal  diversion  of
 prescription  medications  and  prescriptions  in  the  first  degree as
 defined in section 178.25 of the penal law, residential  mortgage  fraud
 in  the  fourth  degree  as  defined in section 187.10 of the penal law,
 residential mortgage fraud in the third degree  as  defined  in  section
 187.15 of the penal law, residential mortgage fraud in the second degree
 as  defined  in  section  187.20  of the penal law, residential mortgage
 fraud in the first degree as defined in section 187.25 of the penal law,
 escape in the second degree as defined in section 205.10  of  the  penal
 law,  escape  in  the  first  degree as defined in section 205.15 of the
 penal law, absconding from temporary release  in  the  first  degree  as
 defined  in section 205.17 of the penal law, promoting prison contraband
 in the first degree as defined in  section  205.25  of  the  penal  law,
 hindering  prosecution in the second degree as defined in section 205.60
 of the penal law, hindering prosecution in the first degree  as  defined
 in  section  205.65  of  the  penal  law,  sex trafficking as defined in
 section 230.34 of the penal law, criminal possession of a weapon in  the
 third  degree  as defined in subdivisions two, three and five of section
 265.02 of the penal law, criminal possession of a weapon in  the  second
 degree  as  defined  in  section  265.03  of  the  penal  law,  criminal
 possession of a weapon in the first degree as defined in section  265.04
 of  the penal law, manufacture, transport, disposition and defacement of
 weapons and dangerous instruments and appliances defined as felonies  in
 subdivisions  one,  two,  and  three of section 265.10 of the penal law,
 sections 265.11, 265.12 and 265.13 of the penal law, or  prohibited  use
 of  weapons as defined in subdivision two of section 265.35 of the penal
 law, relating to firearms and other dangerous  weapons,  or  failure  to
 disclose  the  origin  of  a recording in the first degree as defined in
 section 275.40 of the penal law;
   § 11. Subdivision 1 of section 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 examiner has jurisdiction and authority to
 investigate the death of every person dying within his county, or  whose
 body is found within the county, which is or appears to be:
   (a)  A violent death, whether by criminal violence, suicide or casual-
 ty;

 S. 2796                             5
 
   (b) A death caused by unlawful act or criminal neglect;
   (c) A death occurring in a suspicious, unusual or unexplained manner;
   (d) [A death caused by suspected criminal abortion;
   (e)] A death while unattended by a physician, so far as can be discov-
 ered,  or  where  no  physician  able  to  certify the cause of death as
 provided in the public health law and  in  form  as  prescribed  by  the
 commissioner of health can be found;
   [(f)]  (E)  A death of a person confined in a public institution other
 than a hospital, infirmary or nursing home.
   § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
 laws of 2003, is amended to read as follows:
   § 4. Sittings of courts to be public.  The  sittings  of  every  court
 within  this  state shall be public, and every citizen may freely attend
 the same, except that  in  all  proceedings  and  trials  in  cases  for
 divorce,  seduction,  [abortion,]  rape,  assault  with intent to commit
 rape, criminal sexual act, bastardy or filiation, the court may, in  its
 discretion,  exclude  therefrom  all persons who are not directly inter-
 ested therein, excepting jurors, witnesses, and officers of the court.
   § 13. This act shall take effect immediately.