NY State Senate Bill 2021-S2658

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 05, 2022	referred to women's issues
Jan 22, 2021	referred to women's issues

2021-S2658 (ACTIVE) - Details

Current Committee:: Senate Women's Issues
Law Section:: Penal Law
Laws Affected:: Add §§120.05-a & 120.10-a, amd §70.02, Pen L
Versions Introduced in 2019-2020 Legislative Session:: S4740

2021-S2658 (ACTIVE) - Summary

Establishes the crimes of assault on a pregnant woman in the second degree as a class D felony and assault on a pregnant woman in the first degree as a class C felony.

2021-S2658 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2658

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
assault on a pregnant woman

 
PURPOSE:

To establish a specified offense against a person who is guilty of
assaulting a woman who has been pregnant for at least twenty-four weeks.

 
SUMMARY OF PROVISIONS:

This bill would amend the penal law by adding a new section, 120.05-a
and section 120.10-a. A person will be charged with assault in the
second degree if he or she assaults a pregnant woman, intentionally
causing physical injury. If the person has reason to know the woman is
pregnant and causes injury to the unborn child that person will also be
charged with assault in the second degree. A person will be charged with
assault in the first degree if serious physical injury is intentionally

caused to the pregnant woman. If the person has reason to know the woman
is pregnant and causes death to the unborn child they will also be
charged with assault in the first degree.  This act would not apply to
any person providing treatment for an abortion for which consent was
given by the pregnant women.

 
JUSTIFICATION:

With passage of the Reproductive Health Act (RHA), this new law elimi-
nated any criminal charge for individuals who injure an unborn child.
Prior to the passage of the RHA, in almost all cases an individual who
was charged with assault would get charged with assaulting the women and
the unborn child. The RHA changed that precedent. Therefore, what this
new bill would do is counteract the consequences that came about from
the passage of the RHA by making the ramifications for assaulting a
pregnant woman and ignoring her unborn baby more serious. This act would
establish necessary legal protections for the mother and unborn child,
which would give a woman and unborn child the justice they deserve.

In response to the repercussions brought about by the RHA, amendments to
the existing law are necessary so an unborn child can receive proper
treatment under the law if someone were to commit an assault against a
pregnant woman. This would ultimately ensure a fairer process for women
who wish to carry their unborn child for the full term.

 
LEGISLATIVE HISTORY:

2019-2020: S.4740 referred to Women's Issues/A.6799 referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2021-S2658 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2658
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 22, 2021
                                ___________
 
 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.
                                                            LBD01535-02-1

 S. 2658                             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 94 of the laws of 2020
 and paragraph (c) as amended by chapter 134 of the  laws  of  2019,  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, aggravated strangulation as
 defined in section 121.13-a, 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  criminal
 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

 S. 2658                             3
 
 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 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, aggravated unpermitted use of indoor pyro-
 technics 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.
   § 5. This act shall take effect immediately.

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Senate Bill S2658

Sponsored By

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

2021-S2658 (ACTIVE) - Details

2021-S2658 (ACTIVE) - Summary

2021-S2658 (ACTIVE) - Sponsor Memo

2021-S2658 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2658

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Sponsored By

Pamela Helming

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

2021-S2658 (ACTIVE) - Details

2021-S2658 (ACTIVE) - Summary

2021-S2658 (ACTIVE) - Sponsor Memo

2021-S2658 (ACTIVE) - Bill Text download pdf

Comments