BILL NUMBER: S1696
SPONSOR: HELMING
 
TITLE OF BILL:
An act to amend the public health law, in relation to establishing the
born alive abortion survivors' protection act
 
PURPOSE:
This bill would amend the Public Health Law to establish the Born Alive
Abortion Survivors' Protection Act.
 
SUMMARY OF PROVISIONS:
Section 1 : Amends the public health law to add a new section 2599-cc to
establish the born alive abortion survivors' protection act. This
section would require any health care practitioner present at the time a
child is born alive during an abortion or attempted abortion procedure
to exercise the same degree or care to preserve the life and health of
the child as a reasonably diligent and conscientious health care practi-
tioner would render to any other child born alive at the same gestation-
al age, and ensure the child born alive is immediately transported and
admitted to the hospital. Additionally, establishes a reporting require-
ment on health care practitioners that have knowledge of a failure to
comply with these requirements, and establishes any violation of these
provisions as a class A misdemeanor. Any individual that intentionally
performs or attempts to perform an overact that kills a child born alive
shall be of guilty attempted murder or murder in the second degree.
These provisions explicitly state that the mother of the child born
alive may not be prosecuted for violation of this section, and allow the
mother to bring a civil action against any person in violation of these
provisions.
Section 2: Establishes the effective date.
 
EXISTING LAW:
Chapter 1 of the laws of 2019 enacted the Reproductive Health Act in New
York. Section 3 of the bill repealed Public Health Law § 4164 which
contained protections for an infant born alive as a result of an
abortion. Currently, under New York State law, there are no protections
for infants born alive as a result of an abortion procedure.
 
JUSTIFICATION:
On January 22, 2019, New York eradicated all legal protections in law
for infants born alive as the result of an abortion procedure. The
repeal of these provisions is not only morally reprehensible but also
jeopardizes the health and safety of infants throughout New York State.
Section 4130 of the public health law is clear, a "live birth" is
defined as "the complete expulsion or extraction from its mother of a
product of conception, irrespective of the duration of the pregnancy,
which, after such separation, breathes or shows any other evidence of
life such as beating of the heart, pulsation of the umbilical cord, or
definite movement of voluntary muscles each product of such a birth is
considered live born." Therefore, an infant born alive as the result of
an abortion procedure deserves the same legal protections as any other
infant born in this state.
This legislation re-establishes what should be an undebatable fact,
infants born alive are human beings deserving of public protection. For
these reasons, the bill reinstates penal law protections where an indi-
vidual intentionally performs or attempts to perform an overt act that
kills a child born alive as the result of an abortion. New York State
has a long history of advocating and protecting those without a voice,
and this bill ensures the State's continued commitment to this goal.
 
LEGISLATIVE HISTORY:
2021-2022: S.2569 referred to Health/A.4429 held in Health
2019-2020: S.5332 referred to Health/A.7816 referred to Health
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.