Bill Text: NY S02129 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 12-0)

Status: (Introduced - Dead) 2022-05-04 - DEFEATED IN WOMEN'S ISSUES [S02129 Detail]

Download: New_York-2021-S02129-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2129

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 19, 2021
                                       ___________

        Introduced  by  Sens.  JORDAN, HELMING, AKSHAR, BOYLE, GALLIVAN, GRIFFO,
          O'MARA, ORTT, SERINO, TEDISCO -- 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:

     1    Section 1. This act shall be known and may be cited as the "Liv Act."
     2    §  2.  The penal law is amended by adding new section 120.05-a to read
     3  as follows:
     4  § 120.05-a Assault on a pregnant individual.
     5    A person is guilty of assault on a pregnant individual when he or  she
     6  intentionally  or  knowingly  causes  injury  to an individual he or she
     7  knows or has reason to know is pregnant.
     8    1. For the purposes of this section, "injury" includes  bodily  injury
     9  that results in the termination of a pregnancy.
    10    2. This section shall not apply to acts committed by:
    11    a. a pregnant individual or any person providing treatment relating to
    12  an  abortion  for  which  the  consent  of the pregnant individual, or a
    13  person authorized by law to act on behalf of  the  pregnant  individual,
    14  has been obtained or for which such consent is implied by law; or
    15    b.  any  person providing any medical treatment of a pregnant individ-
    16  ual.
    17    3. This section shall be construed and applied consistent with article
    18  twenty-five of the public health law and applicable laws and regulations
    19  governing health procedures.   Assault on a  pregnant  individual  is  a
    20  class D felony.
    21    § 3. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
    22  as  amended  by  chapter  134 of the laws of 2019, is amended to read as
    23  follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01535-01-1
        S. 2129                             2

     1    (c) Class D violent felony offenses: an attempt to commit any  of  the
     2  class C felonies set forth in paragraph (b); reckless assault of a child
     3  as defined in section 120.02, assault in the second degree as defined in
     4  section  120.05,  assault on a pregnant individual as defined in section
     5  120.05-a,  menacing  a  police  officer  or  peace officer as defined in
     6  section 120.18, stalking in the first degree, as defined in  subdivision
     7  one  of section 120.60, strangulation in the second degree as defined in
     8  section 121.12, rape in the second degree as defined in section  130.30,
     9  criminal  sexual  act in the second degree as defined in section 130.45,
    10  sexual abuse in the first degree as defined in section 130.65, course of
    11  sexual conduct against a child  in  the  second  degree  as  defined  in
    12  section  130.80,  aggravated sexual abuse in the third degree as defined
    13  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    14  substance  as defined in section 130.90, labor trafficking as defined in
    15  paragraphs (a) and (b) of subdivision three of section 135.35,  criminal
    16  possession  of  a  weapon  in the third degree as defined in subdivision
    17  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
    18  a firearm in the third degree as defined in section 265.11, intimidating
    19  a victim or witness in the second degree as defined in  section  215.16,
    20  soliciting  or  providing  support for an act of terrorism in the second
    21  degree as defined in section 490.10, and making a terroristic threat  as
    22  defined  in  section  490.20, falsely reporting an incident in the first
    23  degree as defined in section 240.60, placing a false bomb  or  hazardous
    24  substance  in  the  first degree as defined in section 240.62, placing a
    25  false bomb or hazardous substance in a sports  stadium  or  arena,  mass
    26  transportation  facility or enclosed shopping mall as defined in section
    27  240.63, aggravated unpermitted use of indoor pyrotechnics in  the  first
    28  degree  as defined in section 405.18, and criminal manufacture, sale, or
    29  transport of an undetectable firearm, rifle or  shotgun  as  defined  in
    30  section 265.50.
    31    § 4. This act shall take effect immediately.