NY State Senate Bill 2023-S5251

Current 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 03, 2024	referred to women's issues
Feb 28, 2023	referred to women's issues

2023-S5251 (ACTIVE) - Details

Current Committee:: Senate Women's Issues
Law Section:: Penal Law
Laws Affected:: Add §120.05-a, amd §70.02, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S4712
2021-2022: S2129

2023-S5251 (ACTIVE) - Summary

Establishes the crime of assault on a pregnant individual as a class D felony.

2023-S5251 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5251

SPONSOR: WEIK
 
TITLE OF BILL:

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

 
PURPOSE:

To establish the crime of assault on a pregnant individual.

 
SUMMARY OF PROVISIONS:

Section one states the title of the Liv Act.

Section two adds new section 120.09 to the penal code. It provides that
a person who knowingly or intentionally causes injury to pregnant indi-
vidual shall be guilty of assault. Exempts pregnant individuals, appli-
cable medical providers and other individuals as required by law.

Section three makes conforming changes to section

Section four provides the effective date.

 
JUSTIFICATION:

On the night of May 21, 2018 and into the next morning, Livia Abreu's
ex-boyfriend accused her of cheating on him, and stabbed her multiple
times in the torso and chest with a household knife. She was 26 weeks
pregnant. For over 30 minutes, he prevented Abreu from calling 911 or
leaving the apartment to seek medical attention. Her unborn child died
and Abreu was hospitalized with injuries for about two weeks.  Several
weeks later, the Bronx District Attorney indicted her attacker with
second-degree attempted murder, first and second-degree abortion, first
and second-degree assault, and unlawful imprisonment.

Presently, the only statutes governing harm to a pregnant woman in New
York State would be the same statutes repealed by the Reproductive
Health Act (RHA). It is well established that these laws are intended
for and currently are used by law enforcement to prosecute those who
intentionally harm a woman because she is pregnant, the RHA contains no
new language recognizing crimes against women who choose to carry the
pregnancy to term. To say that current law or other statutes are suffi-
cient for what is all too common abuse is a disservice to these women.

New York State law currently provides and should continue to provide a
remedy to a woman who has had her reproductive freedom violated.
According to the American College of Obstetricians and Gynecologists,
approximately 324,000 pregnant women are abused each year in the United
States and the severity of intimate partner violence may escalate during
pregnancy and the postpartum period.

The Liv Act expressly recognizes the pregnant woman as the victim of
violence. While some may argue that Liv's attacker could still be
charged with second-degree attempted murder, first and second-degree
assault, and unlawful imprisonment, not one of these statutes would
account for how her pregnancy defined the harm she experience. The Liv
Act would ensure that whether or not there is a loss of pregnancy,
establishing the crime of assault against a pregnant woman makes it
clear that her choice will be protected and those wishing to take that
choice will be held responsible.

New York State has laws recognizing that pregnant women experience
discrimination at work. The State has laws recognizing the necessity of
maternity leave. New York State has announced investigations into preg-
nancy discrimination and retaliation by businesses and major corpo-
rations. The State has established the workgroups to look at reducing
maternal mortality rates, of which New York has some of the highest in
the nation. It would be unconscionable to fail to recognize the reality
of these crimes and the true nature of the harm experienced by pregnant
women.

 
LEGISLATIVE HISTORY:

2022: S2029 Women's Issues

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2023-S5251 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5251
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2023
                                ___________
 
 Introduced  by  Sen.  WEIK  --  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 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.
                                                            LBD07623-01-3

 S. 5251                             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.

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Senate Bill S5251

Sponsored By

Current Bill Status - In Senate Committee Women's Issues Committee

2023-S5251 (ACTIVE) - Details

2023-S5251 (ACTIVE) - Summary

2023-S5251 (ACTIVE) - Sponsor Memo

2023-S5251 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5251

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Sponsored By

Alexis Weik

Current Bill Status - In Senate Committee Women's Issues Committee

2023-S5251 (ACTIVE) - Details

2023-S5251 (ACTIVE) - Summary

2023-S5251 (ACTIVE) - Sponsor Memo

2023-S5251 (ACTIVE) - Bill Text download pdf

Comments