S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4429
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  MANKTELOW  --  read once and referred 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:

   Section 1. The public health law is amended by adding  a  new  section
 2599-bb-1 to read as follows:
   §  2599-BB-1.  THE  BORN  ALIVE ABORTION SURVIVORS' PROTECTION ACT. 1.
 ANY HEALTH CARE PRACTITIONER PRESENT AT THE TIME THE CHILD IS BORN ALIVE
 DURING AN ABORTION OR ATTEMPTED ABORTION PROCEDURE SHALL:
   (A) EXERCISE THE SAME DEGREE OF PROFESSIONAL SKILL,  CARE,  AND  DILI-
 GENCE TO PRESERVE THE LIFE AND HEALTH OF THE CHILD AS A REASONABLY DILI-
 GENT  AND  CONSCIENTIOUS  HEALTH  CARE  PRACTITIONER WOULD RENDER TO ANY
 OTHER CHILD BORN ALIVE AT THE SAME GESTATIONAL AGE; AND
   (B) FOLLOWING THE EXERCISE OF  SKILL,  CARE,  AND  DILIGENCE  REQUIRED
 UNDER  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, ENSURE THAT THE CHILD BORN
 ALIVE IS IMMEDIATELY TRANSPORTED AND ADMITTED TO A HOSPITAL.
   2. A HEALTH CARE PRACTITIONER LICENSED, CERTIFIED, OR AUTHORIZED UNDER
 TITLE EIGHT OF THE EDUCATION LAW, ACTING WITHIN HIS OR HER LAWFUL  SCOPE
 OF  PRACTICE, WHO HAS KNOWLEDGE OF A FAILURE TO COMPLY WITH THE REQUIRE-
 MENTS OF SUBDIVISION ONE OF THIS SECTION SHALL  IMMEDIATELY  REPORT  THE
 FAILURE TO AN APPROPRIATE STATE OR FEDERAL LAW ENFORCEMENT AGENCY, OR TO
 BOTH.
   A VIOLATION OF THIS SUBDIVISION IS A CLASS A MISDEMEANOR.
   3. AN INDIVIDUAL THAT INTENTIONALLY PERFORMS OR ATTEMPTS TO PERFORM AN
 OVERT ACT THAT KILLS A CHILD BORN ALIVE DESCRIBED UNDER PARAGRAPH (A) OF
 SUBDIVISION ONE OF THIS SECTION, SHALL BE GUILTY UNDER SECTION 125.25 OR
 110.05  OF THE PENAL LAW FOR INTENTIONALLY KILLING OR ATTEMPTING TO KILL
 A HUMAN BEING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04672-01-1
              

 A. 4429                             2
 
   4. THE MOTHER OF A CHILD BORN ALIVE DESCRIBED UNDER SUBDIVISION ONE OF
 THIS SECTION MAY NOT BE PROSECUTED FOR A VIOLATION OF THIS  SECTION,  AN
 ATTEMPT  TO  VIOLATE THIS SECTION, A CONSPIRACY TO VIOLATE THIS SECTION,
 OR AN OFFENSE UNDER SUBDIVISION TWO OR THREE OF THIS  SECTION  BASED  ON
 SUCH A VIOLATION.
   5.  IF  A  CHILD IS BORN ALIVE AND THERE IS A VIOLATION OF SUBDIVISION
 ONE OF THIS SECTION, THE MOTHER OF THE CHILD BORN ALIVE  UPON  WHOM  THE
 ABORTION  WAS  PERFORMED OR ATTEMPTED MAY, IN A CIVIL ACTION AGAINST ANY
 PERSON WHO COMMITTED THE VIOLATION,  OBTAIN  APPROPRIATE  RELIEF,  WHICH
 SHALL INCLUDE:
   (A)  ACTUAL MONEY DAMAGE FOR ALL INJURIES, PSYCHOLOGICAL AND PHYSICAL,
 CAUSED BY THE VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
   (B) STATUTORY DAMAGES EQUAL TO THREE TIMES THE COST OF THE ABORTION OR
 ATTEMPTED ABORTION; AND
   (C) PUNITIVE DAMAGES.
   6. IF JUDGMENT IS RENDERED IN FAVOR OF THE  PLAINTIFF  IN  ANY  ACTION
 AUTHORIZED  UNDER  THIS  SECTION, THE COURT SHALL ALSO AWARD, AS PART OF
 THE COSTS, REASONABLE ATTORNEYS' FEES IN FAVOR OF THE PLAINTIFF  AGAINST
 THE DEFENDANT. IF JUDGMENT IS RENDERED IN FAVOR OF THE DEFENDANT AND THE
 COURT  FINDS  THAT  THE PLAINTIFF'S SUIT WAS FRIVOLOUS OR BROUGHT IN BAD
 FAITH, THEN THE COURT SHALL AWARD, AS  PART  OF  THE  COSTS,  REASONABLE
 ATTORNEYS' FEES IN FAVOR OF THE DEFENDANT AGAINST THE PLAINTIFF.
   7. AS USED IN THIS SECTION:
   (A)  "ATTEMPT"  MEANS WITH RESPECT TO AN ABORTION, CONDUCT THAT, UNDER
 THE CIRCUMSTANCES AS THE  ACTOR  BELIEVES  THEM  TO  BE,  CONSTITUTES  A
 SUBSTANTIAL STEP IN A COURSE OF CONDUCT PLANNED TO CULMINATE IN PERFORM-
 ING AN ABORTION.
   (B)  "BORN  ALIVE" HAS THE SAME MEANING AS DEFINED IN SECTION EIGHT OF
 TITLE ONE OF THE UNITED STATES CODE.
   § 2. This act shall take effect immediately.