STATE OF NEW YORK ________________________________________________________________________ S. 240 A. 21 2019-2020 Regular Sessions SENATE - ASSEMBLY (Prefiled) January 9, 2019 ___________ IN SENATE -- Introduced by Sens. KRUEGER, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Health IN ASSEMBLY -- Introduced by M. of A. GLICK, HEASTIE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to enacting the reproductive health act and revising existing provisions of law regarding abortion; to amend the penal law, the criminal procedure law, the county law and the judiciary law, in relation to abortion; to repeal certain provisions of the public health law relating to abortion; to repeal certain provisions of the education law relating to the sale of contraceptives; and to repeal certain provisions of the penal law relating to abortion The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature finds that comprehen- 2 sive reproductive health care, including contraception and abortion, is 3 a fundamental component of a woman's health, privacy and equality. The 4 New York Constitution and United States Constitution protect a woman's 5 fundamental right to access safe, legal abortion, courts have repeatedly 6 reaffirmed this right and further emphasized that states may not place 7 undue burdens on women seeking to access such right. 8 Moreover, the legislature finds, as with other medical procedures, the 9 safety of abortion is furthered by evidence-based practices developed 10 and supported by medical professionals. Abortion is one of the safest 11 medical procedures performed in the United States; the goal of medical 12 regulation should be to improve the quality and availability of health 13 care services. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05658-02-9

S. 240 2 A. 21 1 Furthermore, the legislature declares that it is the public policy of 2 New York State that every individual possesses a fundamental right of 3 privacy and equality with respect to their personal reproductive deci- 4 sions and should be able to safely effectuate those decisions, including 5 by seeking and obtaining abortion care, free from discrimination in the 6 provision of health care. 7 Therefore, it is the intent of the legislature to prevent the enforce- 8 ment of laws or regulations that are not in furtherance of a legitimate 9 state interest in protecting a woman's health that burden abortion 10 access. 11 § 2. The public health law is amended by adding a new article 25-A to 12 read as follows: 13 ARTICLE 25-A 14 REPRODUCTIVE HEALTH ACT 15 Section 2599-aa. Policy and purpose. 16 2599-bb. Abortion. 17 § 2599-aa. Policy and purpose. The legislature finds that comprehen- 18 sive reproductive health care is a fundamental component of every indi- 19 vidual's health, privacy and equality. Therefore, it is the policy of 20 the state that: 21 1. Every individual has the fundamental right to choose or refuse 22 contraception or sterilization. 23 2. Every individual who becomes pregnant has the fundamental right to 24 choose to carry the pregnancy to term, to give birth to a child, or to 25 have an abortion, pursuant to this article. 26 3. The state shall not discriminate against, deny, or interfere with 27 the exercise of the rights set forth in this section in the regulation 28 or provision of benefits, facilities, services or information. 29 § 2599-bb. Abortion. 1. A health care practitioner licensed, certi- 30 fied, or authorized under title eight of the education law, acting with- 31 in his or her lawful scope of practice, may perform an abortion when, 32 according to the practitioner's reasonable and good faith professional 33 judgment based on the facts of the patient's case: the patient is within 34 twenty-four weeks from the commencement of pregnancy, or there is an 35 absence of fetal viability, or the abortion is necessary to protect the 36 patient's life or health. 37 2. This article shall be construed and applied consistent with and 38 subject to applicable laws and applicable and authorized regulations 39 governing health care procedures. 40 § 3. Section 4164 of the public health law is REPEALED. 41 § 4. Subdivision 8 of section 6811 of the education law is REPEALED. 42 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal 43 law are REPEALED, and the article heading of article 125 of the penal 44 law is amended to read as follows: 45 HOMICIDE[, ABORTION] AND RELATED OFFENSES 46 § 6. Section 125.00 of the penal law is amended to read as follows: 47 § 125.00 Homicide defined. 48 Homicide means conduct which causes the death of a person [or an 49 unborn child with which a female has been pregnant for more than twen- 50 ty-four weeks] under circumstances constituting murder, manslaughter in 51 the first degree, manslaughter in the second degree, or criminally 52 negligent homicide[, abortion in the first degree or self-abortion in 53 the first degree]. 54 § 7. The section heading, opening paragraph and subdivision 1 of 55 section 125.05 of the penal law are amended to read as follows:

S. 240 3 A. 21 1 Homicide[, abortion] and related offenses; [definitions of terms] 2 definition. 3 The following [definitions are] definition is applicable to this arti- 4 cle: 5 [1.] "Person," when referring to the victim of a homicide, means a 6 human being who has been born and is alive. 7 § 7-a. Subdivisions 2 and 3 of section 125.05 of the penal law are 8 REPEALED. 9 § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED. 10 § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED. 11 § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal 12 procedure law, as amended by chapter 189 of the laws of 2018, is amended 13 to read as follows: 14 (b) Any of the following felonies: assault in the second degree as 15 defined in section 120.05 of the penal law, assault in the first degree 16 as defined in section 120.10 of the penal law, reckless endangerment in 17 the first degree as defined in section 120.25 of the penal law, promot- 18 ing a suicide attempt as defined in section 120.30 of the penal law, 19 strangulation in the second degree as defined in section 121.12 of the 20 penal law, strangulation in the first degree as defined in section 21 121.13 of the penal law, criminally negligent homicide as defined in 22 section 125.10 of the penal law, manslaughter in the second degree as 23 defined in section 125.15 of the penal law, manslaughter in the first 24 degree as defined in section 125.20 of the penal law, murder in the 25 second degree as defined in section 125.25 of the penal law, murder in 26 the first degree as defined in section 125.27 of the penal law, 27 [abortion in the second degree as defined in section 125.40 of the penal 28 law, abortion in the first degree as defined in section 125.45 of the 29 penal law,] rape in the third degree as defined in section 130.25 of the 30 penal law, rape in the second degree as defined in section 130.30 of the 31 penal law, rape in the first degree as defined in section 130.35 of the 32 penal law, criminal sexual act in the third degree as defined in section 33 130.40 of the penal law, criminal sexual act in the second degree as 34 defined in section 130.45 of the penal law, criminal sexual act in the 35 first degree as defined in section 130.50 of the penal law, sexual abuse 36 in the first degree as defined in section 130.65 of the penal law, 37 unlawful imprisonment in the first degree as defined in section 135.10 38 of the penal law, kidnapping in the second degree as defined in section 39 135.20 of the penal law, kidnapping in the first degree as defined in 40 section 135.25 of the penal law, labor trafficking as defined in section 41 135.35 of the penal law, aggravated labor trafficking as defined in 42 section 135.37 of the penal law, custodial interference in the first 43 degree as defined in section 135.50 of the penal law, coercion in the 44 first degree as defined in section 135.65 of the penal law, criminal 45 trespass in the first degree as defined in section 140.17 of the penal 46 law, burglary in the third degree as defined in section 140.20 of the 47 penal law, burglary in the second degree as defined in section 140.25 of 48 the penal law, burglary in the first degree as defined in section 140.30 49 of the penal law, criminal mischief in the third degree as defined in 50 section 145.05 of the penal law, criminal mischief in the second degree 51 as defined in section 145.10 of the penal law, criminal mischief in the 52 first degree as defined in section 145.12 of the penal law, criminal 53 tampering in the first degree as defined in section 145.20 of the penal 54 law, arson in the fourth degree as defined in section 150.05 of the 55 penal law, arson in the third degree as defined in section 150.10 of the 56 penal law, arson in the second degree as defined in section 150.15 of

S. 240 4 A. 21 1 the penal law, arson in the first degree as defined in section 150.20 of 2 the penal law, grand larceny in the fourth degree as defined in section 3 155.30 of the penal law, grand larceny in the third degree as defined in 4 section 155.35 of the penal law, grand larceny in the second degree as 5 defined in section 155.40 of the penal law, grand larceny in the first 6 degree as defined in section 155.42 of the penal law, health care fraud 7 in the fourth degree as defined in section 177.10 of the penal law, 8 health care fraud in the third degree as defined in section 177.15 of 9 the penal law, health care fraud in the second degree as defined in 10 section 177.20 of the penal law, health care fraud in the first degree 11 as defined in section 177.25 of the penal law, robbery in the third 12 degree as defined in section 160.05 of the penal law, robbery in the 13 second degree as defined in section 160.10 of the penal law, robbery in 14 the first degree as defined in section 160.15 of the penal law, unlawful 15 use of secret scientific material as defined in section 165.07 of the 16 penal law, criminal possession of stolen property in the fourth degree 17 as defined in section 165.45 of the penal law, criminal possession of 18 stolen property in the third degree as defined in section 165.50 of the 19 penal law, criminal possession of stolen property in the second degree 20 as defined by section 165.52 of the penal law, criminal possession of 21 stolen property in the first degree as defined by section 165.54 of the 22 penal law, trademark counterfeiting in the second degree as defined in 23 section 165.72 of the penal law, trademark counterfeiting in the first 24 degree as defined in section 165.73 of the penal law, forgery in the 25 second degree as defined in section 170.10 of the penal law, forgery in 26 the first degree as defined in section 170.15 of the penal law, criminal 27 possession of a forged instrument in the second degree as defined in 28 section 170.25 of the penal law, criminal possession of a forged instru- 29 ment in the first degree as defined in section 170.30 of the penal law, 30 criminal possession of forgery devices as defined in section 170.40 of 31 the penal law, falsifying business records in the first degree as 32 defined in section 175.10 of the penal law, tampering with public 33 records in the first degree as defined in section 175.25 of the penal 34 law, offering a false instrument for filing in the first degree as 35 defined in section 175.35 of the penal law, issuing a false certificate 36 as defined in section 175.40 of the penal law, criminal diversion of 37 prescription medications and prescriptions in the second degree as 38 defined in section 178.20 of the penal law, criminal diversion of 39 prescription medications and prescriptions in the first degree as 40 defined in section 178.25 of the penal law, residential mortgage fraud 41 in the fourth degree as defined in section 187.10 of the penal law, 42 residential mortgage fraud in the third degree as defined in section 43 187.15 of the penal law, residential mortgage fraud in the second degree 44 as defined in section 187.20 of the penal law, residential mortgage 45 fraud in the first degree as defined in section 187.25 of the penal law, 46 escape in the second degree as defined in section 205.10 of the penal 47 law, escape in the first degree as defined in section 205.15 of the 48 penal law, absconding from temporary release in the first degree as 49 defined in section 205.17 of the penal law, promoting prison contraband 50 in the first degree as defined in section 205.25 of the penal law, 51 hindering prosecution in the second degree as defined in section 205.60 52 of the penal law, hindering prosecution in the first degree as defined 53 in section 205.65 of the penal law, sex trafficking as defined in 54 section 230.34 of the penal law, sex trafficking of a child as defined 55 in section 230.34-a of the penal law, criminal possession of a weapon in 56 the third degree as defined in subdivisions two, three and five of

S. 240 5 A. 21 1 section 265.02 of the penal law, criminal possession of a weapon in the 2 second degree as defined in section 265.03 of the penal law, criminal 3 possession of a weapon in the first degree as defined in section 265.04 4 of the penal law, manufacture, transport, disposition and defacement of 5 weapons and dangerous instruments and appliances defined as felonies in 6 subdivisions one, two, and three of section 265.10 of the penal law, 7 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use 8 of weapons as defined in subdivision two of section 265.35 of the penal 9 law, relating to firearms and other dangerous weapons, or failure to 10 disclose the origin of a recording in the first degree as defined in 11 section 275.40 of the penal law; 12 § 11. Subdivision 1 of section 673 of the county law, as added by 13 chapter 545 of the laws of 1965, is amended to read as follows: 14 1. A coroner or medical examiner has jurisdiction and authority to 15 investigate the death of every person dying within his county, or whose 16 body is found within the county, which is or appears to be: 17 (a) A violent death, whether by criminal violence, suicide or casual- 18 ty; 19 (b) A death caused by unlawful act or criminal neglect; 20 (c) A death occurring in a suspicious, unusual or unexplained manner; 21 (d) [A death caused by suspected criminal abortion; 22 (e)] A death while unattended by a physician, so far as can be discov- 23 ered, or where no physician able to certify the cause of death as 24 provided in the public health law and in form as prescribed by the 25 commissioner of health can be found; 26 [(f)] (e) A death of a person confined in a public institution other 27 than a hospital, infirmary or nursing home. 28 § 12. Section 4 of the judiciary law, as amended by chapter 264 of the 29 laws of 2003, is amended to read as follows: 30 § 4. Sittings of courts to be public. The sittings of every court 31 within this state shall be public, and every citizen may freely attend 32 the same, except that in all proceedings and trials in cases for 33 divorce, seduction, [abortion,] rape, assault with intent to commit 34 rape, criminal sexual act, bastardy or filiation, the court may, in its 35 discretion, exclude therefrom all persons who are not directly inter- 36 ested therein, excepting jurors, witnesses, and officers of the court. 37 § 13. Severability. If any provision of this act, or any application 38 of any provision of this act, is held to be invalid, that shall not 39 affect the validity or effectiveness of any other provision of this act, 40 or of any other application of any provision of this act, which can be 41 given effect without that provision or application; and to that end, the 42 provisions and applications of this act are severable. 43 § 14. This act shall take effect immediately.