NY State Senate Bill 2019-S4712

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to women's issues
Mar 21, 2019	referred to women's issues

co-Sponsors

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2019-S4712 (ACTIVE) - Details

See Assembly Version of this Bill:: A7330
Current Committee:: Senate Women's Issues
Law Section:: Penal Law
Laws Affected:: Add §120.05-a, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S2129, A4843
2023-2024: S5251

2019-S4712 (ACTIVE) - Summary

Establishes the crime of assault on a pregnant individual as a class D felony.

2019-S4712 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4712

SPONSOR: JORDAN
 
TITLE OF BILL:  An act to amend the penal law, in relation to estab-
lishing the crime of assault on a pregnant individual

 
PURPOSE:

To establish the crime of assault on a pregnant individual.

 
SUMMARY OF PROVISIONS:

Section one states the title of the Liv Act.

Section two adds new section 120.09 to the penal code. It provides that
a person who knowingly or intentionally causes injury to pregnant indi-
vidual shall be guilty of assault. Exempts pregnant individuals, appli-
cable medical providers and other individuals as required by law.

Section three makes conforming changes to section

Section four provides the effective date.

 
JUSTIFICATION:

On the night of May 21, 2018 and into the next morning, Livia Abreu's
ex-boyfriend accused her of cheating on him, and stabbed her multiple
times in the torso and chest with a household knife. She was 26 weeks
pregnant. For over 30 minutes, he prevented Abreu from calling 911 or
leaving the apartment to seek medical attention. Her unborn child died
and Abreu was hospitalized with injuries for about two weeks.  Several
weeks later, the Bronx District Attorney indicted her attacker with
second-degree attempted murder, first and second-degree abortion, first
and second-degree assault, and unlawful imprisonment.

Presently, the only statutes governing harm to a pregnant woman in New
York State would be the same statutes repealed by the Reproductive
Health Act (RHA). It is well established that these laws are intended
for and currently are used by law enforcement to prosecute those who
intentionally harm a woman because she is pregnant, the RHA contains no
new language recognizing crimes against women who choose to carry the
pregnancy to term. To say that current law or other statutes are suffi-
cient for what is all too common abuse is a disservice to these women.

New York State law currently provides and should continue to provide a
remedy to a woman who has had her reproductive freedom violated.
According to the American College of Obstetricians and Gynecologists,
approximately 324,000 pregnant women are abused each year in the United
States and the severity of intimate partner violence may escalate during
pregnancy and the postpartum period.

The Liv Act expressly recognizes the pregnant woman as the victim of
violence. While some may argue that Liv's attacker could still be
charged with second-degree attempted murder, first and second-degree
assault, and unlawful imprisonment, not one of these statutes would
account for how her pregnancy defined the harm she experience. The Liv
Act would ensure that whether or not there is a loss of pregnancy,
establishing the crime of assault against a pregnant woman makes it

clear that her choice will be protected and those wishing to take that
choice will be held responsible.

New York State has laws recognizing that pregnant women experience
discrimination at work. The State has laws recognizing the necessity of
maternity leave. New York State has announced investigations into preg-
nancy discrimination and retaliation by businesses and major corpo-
rations. The State has established the workgroups to look at reducing
maternal mortality rates, of which New York has some of the highest in
the nation. It would be unconscionable to fail to recognize the reality
of these crimes and the true nature of the harm experienced by pregnant
women.

 
LEGISLATIVE HISTORY:

S2408 of 2019.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2019-S4712 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4712
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2019
                                ___________
 
 Introduced  by Sens. JORDAN, HELMING, AKSHAR, AMEDORE, ANTONACCI, BOYLE,
   FLANAGAN, FUNKE,  GALLIVAN,  GRIFFO,  JACOBS,  LITTLE,  O'MARA,  ORTT,
   RANZENHOFER,  ROBACH, SERINO, TEDISCO -- read twice and ordered print-
   ed, and when printed to be  committed  to  the  Committee  on  Women's
   Issues

 AN  ACT to amend the penal law, in relation to establishing the crime of
   assault on a pregnant individual
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "Liv Act."
   §  2.  The penal law is amended by adding new section 120.05-a to read
 as follows:
 § 120.05-A ASSAULT ON A PREGNANT INDIVIDUAL.
   A PERSON IS GUILTY OF ASSAULT ON A PREGNANT INDIVIDUAL WHEN HE OR  SHE
 INTENTIONALLY  OR  KNOWINGLY  CAUSES  INJURY  TO AN INDIVIDUAL HE OR SHE
 KNOWS OR HAS REASON TO KNOW IS PREGNANT.
   1. FOR THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES  BODILY  INJURY
 THAT RESULTS IN THE TERMINATION OF A PREGNANCY.
   2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT INDIVIDUAL OR ANY PERSON PROVIDING TREATMENT RELATING TO
 AN  ABORTION  FOR  WHICH  THE  CONSENT  OF THE PREGNANT INDIVIDUAL, OR A
 PERSON AUTHORIZED BY LAW TO ACT ON BEHALF OF  THE  PREGNANT  INDIVIDUAL,
 HAS BEEN OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B.  ANY  PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT INDIVID-
 UAL.
   3. THIS SECTION SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH ARTICLE
 TWENTY-FIVE OF THE PUBLIC HEALTH LAW AND APPLICABLE LAWS AND REGULATIONS
 GOVERNING HEALTH PROCEDURES.   ASSAULT ON A  PREGNANT  INDIVIDUAL  IS  A
 CLASS D FELONY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08661-01-9

 S. 4712                             2
 
   § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  368 of the laws of 2015, is amended to read as
 follows:
   (c)  Class  D violent felony offenses: an attempt to commit any of the
 class C felonies set forth in paragraph (b); reckless assault of a child
 as defined in section 120.02, assault in the second degree as defined in
 section 120.05, ASSAULT ON A PREGNANT INDIVIDUAL AS DEFINED  IN  SECTION
 120.05-A,  menacing  a  police  officer  or  peace officer as defined in
 section 120.18, stalking in the first degree, as defined in  subdivision
 one  of section 120.60, strangulation in the second degree as defined in
 section 121.12, rape in the second degree as defined in section  130.30,
 criminal  sexual  act in the second degree as defined in section 130.45,
 sexual abuse in the first degree as defined in section 130.65, course of
 sexual conduct against a child  in  the  second  degree  as  defined  in
 section  130.80,  aggravated sexual abuse in the third degree as defined
 in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
 substance  as defined in section 130.90, labor trafficking as defined in
 paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
 possession  of  a  weapon  in the third degree as defined in subdivision
 five, six, seven, eight, nine or ten of section 265.02, criminal sale of
 a firearm in the third degree as defined in section 265.11, intimidating
 a victim or witness in the second degree as defined in  section  215.16,
 soliciting  or  providing  support for an act of terrorism in the second
 degree as defined in section 490.10, and making a terroristic threat  as
 defined  in  section  490.20, falsely reporting an incident in the first
 degree as defined in section 240.60, placing a false bomb  or  hazardous
 substance  in  the  first degree as defined in section 240.62, placing a
 false bomb or hazardous substance in a sports  stadium  or  arena,  mass
 transportation  facility or enclosed shopping mall as defined in section
 240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
 first degree as defined in section 405.18.
   § 4. This act shall take effect immediately.

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Senate Bill S4712

Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

co-Sponsors

2019-S4712 (ACTIVE) - Details

2019-S4712 (ACTIVE) - Summary

2019-S4712 (ACTIVE) - Sponsor Memo

2019-S4712 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4712

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Sponsored By

Archive: Last Bill Status - In Senate Committee Women's Issues Committee

co-Sponsors

2019-S4712 (ACTIVE) - Details

2019-S4712 (ACTIVE) - Summary

2019-S4712 (ACTIVE) - Sponsor Memo

2019-S4712 (ACTIVE) - Bill Text download pdf

Comments