BILL NUMBER: S4186

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the crime of
feticide

 
PURPOSE:

Relates to establishing the crime of feticide

 
SUMMARY OF PROVISIONS:

Section one amends the penal law by adding section 125.24 to create the
crime of Feticide. Feticide is the termination of one's pregnancy with
the intent to cause the death of an unborn child and shall be a Class A
felony.

 
JUSTIFICATION:

              

The recently enacted Reproductive Health Act signed into law in New York
repealed the part of the penal code that contained abortion.  Immediate-
ly after the legislation was signed into law, the unborn child in the
mother's womb disturbingly could no longer be considered a victim of a
crime. This means that if a woman's pregnancy is ended because of an
assault on her unborn baby, the perpetrator cannot be charged with
murder. Unfortunately, this hypothetical became a reality on February 5,
2019 when a pregnant woman was stabbed to death outside her apartment
building in Queens, New York. The victim was 5 months pregnant with her
second child at the time of the attack. Neither the victim nor the
unborn baby survived this brutal and senseless attack. Now, under
current law established by the Reproductive Health Act, the suspect can
only be charged for crimes against the woman, not the unborn baby whose
life was also taken.  This bill, when enacted would provide justice to
the family of any unborn child should they face a similar tragedy like
the one that happened in Queens.

 
LEGISLATIVE HISTORY:

2022: S.4983- Referred to Codes

2021: S.4983- Referred to Codes

2020: S.5621- Referred to Codes

2019: S.5621- Referred to Codes

 
FISCAL IMPLICATIONS:.

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.