S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4740
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, 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 woman
 
   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 WOMAN IN THE SECOND DEGREE.
   A PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE SECOND DEGREE
 WHEN HE OR SHE INTENTIONALLY CAUSES INJURY TO A WOMAN HE OR SHE KNOWS OR
 HAS REASON TO KNOW IS PREGNANT OR CAUSES INJURY TO HER UNBORN CHILD.
   1.  FOR  THE PURPOSES OF THIS SECTION, "INJURY" INCLUDES BODILY INJURY
 TO HER UNBORN CHILD.
   2. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A. A PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING  TO  AN
 ABORTION  FOR  WHICH  THE  CONSENT  OF  THE  PREGNANT WOMAN, OR A PERSON
 AUTHORIZED BY LAW TO ACT ON BEHALF  OF  THE  PREGNANT  WOMAN,  HAS  BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
   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 WOMAN IN THE SECOND DEGREE IS A CLASS D FELONY.
   § 3. The penal law is amended by adding a new section 120.10-a to read
 as follows:
 § 120.10-A ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF ASSAULT ON A PREGNANT WOMAN IN THE FIRST DEGREE
 WHEN HE OR SHE INTENTIONALLY CAUSES SERIOUS INJURY TO A WOMAN HE OR  SHE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08661-05-9
              

 S. 4740                             2
 
 KNOWS  OR  HAS  REASON  TO  KNOW  IS PREGNANT OR CAUSES THE DEATH OF HER
 UNBORN CHILD.
   1. THIS SECTION SHALL NOT APPLY TO ACTS COMMITTED BY:
   A.  A  PREGNANT WOMAN OR ANY PERSON PROVIDING TREATMENT RELATING TO AN
 ABORTION FOR WHICH THE CONSENT  OF  THE  PREGNANT  WOMAN,  OR  A  PERSON
 AUTHORIZED  BY  LAW  TO  ACT  ON  BEHALF OF THE PREGNANT WOMAN, HAS BEEN
 OBTAINED OR FOR WHICH SUCH CONSENT IS IMPLIED BY LAW; OR
   B. ANY PERSON PROVIDING ANY MEDICAL TREATMENT OF A PREGNANT WOMAN.
   2. 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 WOMAN IN THE FIRST DEGREE IS A CLASS C FELONY.
   § 4. Paragraphs (b) and (c) of subdivision 1 of section 70.02  of  the
 penal  law,  paragraph (b) as amended by chapter 476 of the laws of 2018
 and paragraph (c) as amended by chapter 368 of the  laws  of  2015,  are
 amended to read as follows:
   (b)  Class  C violent felony offenses: an attempt to commit any of the
 class B felonies set forth in paragraph (a) of this subdivision;  aggra-
 vated criminally negligent homicide as defined in section 125.11, aggra-
 vated  manslaughter  in  the second degree as defined in section 125.21,
 aggravated sexual abuse in the  second  degree  as  defined  in  section
 130.67, assault on a peace officer, police officer, firefighter or emer-
 gency  medical  services  professional  as  defined  in  section 120.08,
 assault on a judge as defined in section 120.09, ASSAULT ON  A  PREGNANT
 WOMAN  IN  THE FIRST DEGREE AS DEFINED IN SECTION 120.10-A, gang assault
 in the second degree as defined in section 120.06, strangulation in  the
 first degree as defined in section 121.13, burglary in the second degree
 as defined in section 140.25, robbery in the second degree as defined in
 section  160.10, criminal possession of a weapon in the second degree as
 defined in section 265.03, criminal use  of  a  firearm  in  the  second
 degree  as  defined in section 265.08, criminal sale of a firearm in the
 second degree as defined in section 265.12, criminal sale of  a  firearm
 with  the aid of a minor as defined in section 265.14, aggravated crimi-
 nal possession of a weapon as defined in section 265.19,  soliciting  or
 providing support for an act of terrorism in the first degree as defined
 in  section  490.15,  hindering  prosecution  of terrorism in the second
 degree as defined in section 490.30, and criminal possession of a chemi-
 cal weapon or biological weapon  in  the  third  degree  as  defined  in
 section 490.37.
   (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 WOMAN  IN  THE  SECOND  DEGREE  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,

 S. 4740                             3
 
 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 terror-
 ism  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.
   § 5. This act shall take effect immediately.