S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4843
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2021
                                ___________
 
 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
   tee on Codes
 
 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.
   § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
 as  amended  by  chapter  134 of the laws of 2019, 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

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

                                                            LBD01535-01-1

 A. 4843                             2
 
 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,  aggravated  unpermitted use of indoor pyrotechnics in the first
 degree as defined in section 405.18, and criminal manufacture, sale,  or
 transport  of  an  undetectable  firearm, rifle or shotgun as defined in
 section 265.50.
   § 4. This act shall take effect immediately.